What is a Defective Product Liability Claim and How Does It Work?

Every day, Californians rely on products they expect to be safe, from vehicles and household appliances to medical devices and children’s toys. When one of those products is defective and causes an injury, the consequences can be life-changing.

A defective product liability claim allows injured consumers to seek compensation from the companies responsible for designing, manufacturing, or selling a dangerous product. Under California law, you generally do not have to prove the manufacturer was negligent. Instead, you must show the defect that caused your injury. An experienced Los Angeles product claims lawyer can help investigate the defect, identify the liable parties, and pursue the compensation you deserve.

Compensation may include medical expenses, lost wages, pain and suffering, and, in some cases, punitive damages. Below, we explain what a defective product liability claim is, how it works in California, and what you should know if you have been injured by a defective product.

What Is a Defective Product Liability Claim?

A defective product liability claim is a legal action filed by someone who suffers injuries because of a dangerous or defective product. California product liability laws hold manufacturers, distributors, retailers, and other parties in the supply chain responsible when a defective product causes harm.

To recover compensation, you generally must show that the product contained a defect, you used it as intended or in a reasonably foreseeable way, and that the defect directly caused your injuries. Unlike many personal injury claims, you typically do not have to prove the manufacturer was negligent. In most cases, negligence only affects the types of damages that may be available.

What Are the Three Types of Product Defects in California?

Many states have victim-unfriendly laws that limit the scope of product defect claims. But California law generally recognizes three primary types of product defects.

What Is a Design Defect?

Some products are defective from the moment they appear on the drawing board. GM vehicles with defective ignition switches are a good example.

Federal regulatory agencies, such as the National Highway Traffic Safety Administration, don’t regulate ignition switch torque or vibration standards. Instead, these agencies allow vehicle manufacturers to self-regulate.

The ignition switches on Chevrolet Cobalts, Pontiac G5s, and a few other GM cars didn’t meet safety standards. Therefore, these vehicles could shut off the engine while the car was in motion. The defect caused several thousand collisions that killed 124 people.

The actual number of fatalities may have been much higher. A special compensation board rejected over 90 percent of claims. This high rejection rate underscores the need for an assertive Los Angeles product claims lawyer who advocates for victims.

What Is a Manufacturing Defect?

If the ignition switch failed, the airbag sometimes didn’t deploy in a collision. Depending on when that vehicle was made, this failure to deploy could actually reduce the risk of a separate defect: the Takata airbag explosion. Most GM vehicles contain Takata airbags, which are an example of a manufacturing defect.

Since the 1970s, airbags have saved thousands of lives in vehicle collisions. The chemical propellant is the most important component of an airbag. These gadgets must fully inflate in the blink of an eye without exploding.

In the 1990s, Takata began using ammonium nitrate chemical propellants. This unstable chemical is the same substance Timothy McVeigh used in the Oklahoma City truck bomb. This unstable and dangerous chemical caused airbags to explode and shatter the steering column, even in relatively low-speed collisions.

What Is a Marketing or Warning Defect?

Manufacturers must provide adequate warnings and instructions about potential risks associated with using their products. Xarelto, a popular anticoagulant (blood thinner), is a good example.

Older blood thinners have antidotes. If a patient bleeds excessively, another drug stops the bleeding. But Xarelto had no such antidote. If Xarelto warned consumers about this danger, that warning was buried in the fine print rather than clearly disclosed.

What Evidence Do You Need for a Product Liability Claim?

Keep the defective product itself, along with original packaging, manuals, and receipts. Take photos of the product and your injuries. Save medical records tied to the injury.

Look for similar complaints, recalls, or lawsuits involving the same product, since these can support a pattern of defect. Avoid repairing or altering the product before a lawyer or investigator examines it.

How Long Do You Have to File a Product Liability Claim in California?

California law limits the amount of time you have to file a product liability claim. If you miss the filing deadline, you could lose your right to recover compensation, even if your injuries are serious.

The deadline depends on the facts of your case, including when the injury occurred and when the defect was discovered. Because evidence can disappear and witnesses’ memories can fade over time, it is important to act quickly. Speaking with a Los Angeles product claims lawyer as soon as possible can help protect your legal rights and preserve important evidence.

How Does a Defective Product Liability Claim Work?

As is usually the case in personal injury claims, the defective product legal process generally follows several important steps.

• Medical Treatment: Your health should always come first. Prompt medical care not only protects your well-being but also creates medical records that can support your claim.
• Preserve the Product: Do not throw away or alter the defective product. Instead, keep the product itself, any original packaging, instruction manuals, and purchase receipts. Additionally, if possible, take photos of the injury the defective product caused. This evidence may become crucial during the investigation.
• Determine Liability: A lawyer usually takes over at this point. Several parties may share responsibility, including product manufacturers, component manufacturers, designers, and distributors.

Depending on the circumstances, liability may extend beyond the manufacturer to designers, component manufacturers, distributors, and retailers involved in bringing the product to market.

Many product liability cases settle through negotiations with insurance companies or manufacturers. If a fair settlement cannot be reached, the case may proceed to trial, where a judge or jury will decide the outcome based on the evidence presented.

What Should You Do After a Defective Product Injury?

A defective product can leave you facing medical bills, lost income, ongoing pain, and uncertainty about what comes next. Whether your injury resulted from a design defect, manufacturing defect, or inadequate warning, preserving evidence early can strengthen your claim and protect your legal rights.

At the Law Offices of Eslamboly Hakim, we fight to hold manufacturers and other responsible parties accountable for the harm their products cause. If you were injured by a defective product, contact our Los Angeles product claims lawyers today for a free consultation. You pay no attorney’s fees unless we recover compensation for you.