Eisenberg Law Group
Los Angeles Product Liability Attorneys
In a product liability case, we hold the manufacturer or seller of a product responsible for placing the dangerous or defective product in the hands of consumers. Manufacturers and sellers of products make a lot of money selling products to the general public, so it is only fair that we hold them responsible when their dangerous and defective products cause injuries.
What is Product Liability?
A famous California Court of Appeal judge once defined product liability as “the area of the law involving the liability of those who supply goods or products for the use of others to purchases, users, and bystanders for losses of various kinds resulting from so-called defects in those products.”
In essence, a product liability case is one where you hold the manufacturer, distributor, or retailer of a dangerous and defective product responsible for the injuries that the dangerous and defective product causes.
A manufacturer, distributor, or retailer can be held liable for a dangerous and defective product under a theory of negligence or strict liability.
How Does a Product Liability Case Work?
A manufacturer, distributor, or retailer can be held liable for a dangerous and defective product under one of the following theories: negligence or strict liability.
Under a negligence theory, the person injured by the product must prove that the manufacturer, distributor, or retailer acted or failed to act in such a way that they breached their duty of care to consumers. For instance, the manufacturer, distributor, or seller may have been negligent in its training policies and procedures, manufacturing oversight, or safety rules, resulting in a defective product.
Under a strict liability theory, the person injured by the product must prove that the responsible party distributed, manufactured, or sold a product that either: 1) contained a manufacturing defect; 2) was defectively designed; or 3) did not include sufficient instructions or warning of potential safety hazards.
What is a Manufacturing Defect?
A manufacturing defect occurs when an item is manufactured in a substandard condition. For example, if a product is manufactured improperly such that an important screw or piece of hardware is missing when it leaves the manufacturing plant, this would be considered a manufacturing defect.
What is a Defective Design?
A product is defective in design if either:
- The product failed to perform as safely as an ordinary consumer would expect when the product is used in an intended or reasonably foreseeable manner; or
- The benefits of the design do not outweigh the risk of danger inherent in such design.
What is a Failure to Warn?
A failure to warn occurs where the manufacturer, distributor, or seller of the product knew or should have known that the product had potential risks, that the potential risks presented a substantial danger when the product is used or misused in an intended or reasonably foreseeable way, that ordinary customers would not have recognized the potential risks, and that the manufacturer, distributor, or seller failed to adequately warn of the potential risks.
Examples of Product Liability Cases
The following are some of the product liability cases we have successfully handled throughout California:
When Can You Take Legal Action?
In California, you are required to file a lawsuit within two years of the date that the product caused your injury. However, if you were injured by a government entity or anyone acting on behalf of a government entity, you are required to file a Claim for Damages within six months of the date of the accident.
What Kind of Damages Can I Recover in a Product Liability Case?
Under California law, if you have been injured by a defective and dangerous product, you can recover two different categories of damages: Economic Damages and Non-Economic Damages.
Economic Damages include the following:
Non-Economic Damages include the following:
Under California law, if you have been injured by a dangerous and defective product, you are entitled to be compensated for each and every item of damage described above. More importantly, you are entitled to recover both past and future non-economic damages. At Eisenberg Law Group, we know how to maximize the value of each item of damage so that your recovery is as large as possible.
Don’t allow the insurance company to minimize your claim. Make sure that you have an attorney that knows how to recover the maximum amount for each and every item of damage allowed under California law.
What Evidence Should I Gather After a Product Liability Accident?
In order to preserve critical evidence and prepare yourself to maximize your compensation after a product liability accident, take the following steps:
- Immediately call 9-1-1 to obtain emergency medical treatment.
- Take photographs of your injuries.
- Take photographs of the defective product.
- Gather your receipt from the purchase of the product.
- Gather any and all containers, boxes, packaging, instructions and paperwork associated with the product.
- Keep the product in a safe place so that it won’t harm anyone else and so that it can be inspected by an expert.
- Call our office for a FREE, no obligation consultation.
Why Choose Eisenberg Law Group as Your Product Liability Attorney?
At Eisenberg Law Group, we have more than three decades of proven experience in personal injury law. After originally starting his career representing insurance companies, Gary switched sides to help injured people fight for their rights. Our Los Angeles personal injury attorneys are highly knowledgeable in handling even the most complicated product liability cases. We will do everything in our power to recover maximum compensation for your medical bills, pain and suffering, loss of enjoyment of life, lost earnings, mental distress and other losses. We have a strong track record of negotiating maximum settlements, but are also prepared and equipped to fight cases in court when necessary.
When you work with Eisenberg Law Group, you will benefit from our emphasis on these fundamental cornerstones of our practice:
Personalized service: You can contact our attorneys directly at any time to discuss the details of your case. We will never route you to assistants or recorded messages. As a family-owned law firm, we combine the expertise and experience of larger firms with the friendly feel of a smaller law office.
Proven results: We have recovered millions of dollars in compensation for victims of slip and fall and trip and fall accidents. Our team works hard to recover the maximum compensation available by law. Our success rates—both in and out of court—speak for themselves.
Risk-free representation: Consultations are always free, and you will not pay any attorney’s fees until we win your case
Don't Go Another Day Unprotected
Don’t let a large corporation’s dangerous and defective product plunge you into emotional and economic ruin. Contact Eisenberg Law Group today to get back on the path to physical and financial wellness, while helping to support your family members and anyone else who has been affected by the dangerous and defective product injury.