Burbank Product Liability Lawyer

Burbank product liability lawyer

When a product you trust fails you and causes injury or harm, you need a well-versed and compassionate legal advocate. Our Burbank Product Liability Lawyers at Lerner Law Injury & Accident Firm are here to support you. We dedicate ourselves to providing diligent, caring representation for people hurt by defective products.

A personal injury attorney from our law office can provide you with the legal counsel you need. Injury victims deserve to focus on their medical recovery. If you have been injured by dangerous products, let our products liability team handle the legal issues. Learn more about our services below, and reach out to us to schedule a case consultation.

Our Burbank Product Liability Lawyer Can Help You With Your Case

Our Burbank product lliability lawyer can help you with your case

Initial Case Evaluation and Client Consultation

Our relationship with our clients begins with an initial case evaluation and consultation. We take the time to understand your situation, explain the legal process, and map out a strategy for moving forward. This meeting sets the foundation for our partnership as we work together to seek justice.

Investigating the Product Defect and its Impact on the Client

A crucial part of any product liability claim is a detailed investigation of the defect and how it affected you. We delve into the intricacies of the product, analyze any malfunction, and identify how it has caused harm.

Identifying Liable Parties and Potential Defendants

Product liability can often involve multiple parties, from manufacturers to distributors to retailers. We work diligently to identify everyone who may be liable for your injury, ensuring that all potential defendants are held accountable.

Overview of Product Liability in Burbank, CA

Product liability laws in Burbank, California, are designed to hold manufacturers and sellers responsible for products that cause harm to consumers. These laws, which include both federal regulations and California-specific statutes, cover a wide range of consumer products and allow for legal recourse when these products cause injury due to defects or failure to warn.

Importance of Product Safety and Consumer Protection

Product safety and consumer protection are central tenets of our legal and regulatory systems. Consumers are entitled to expect that the products they buy are safe and effective. When this trust is broken due to a defective product, consumers need and deserve justice.

Different Types of Defects for Defective Product Claims

Different types of defects for defective product claims

Design Defect

A design defect arises when a flaw in a product's design makes it inherently dangerous or defective. These cases involve products whose danger lies not in their manufacturing process but in the very blueprint of their design. A product with a design defect is unsafe even before it is manufactured because there is an inherent issue in the product's conception.

Design defect claims often rest on the concept that there was a safer, practical, and economically feasible design alternative that the manufacturer could have used instead. If this defect is present, it suggests that the harm or damage caused to the consumer was not merely an unfortunate mistake but the consequence of a poorly thought-out design.

Lastly, proving a design defect often requires the expertise of professionals in the relevant field. They can examine the product's design and compare it with other similar products, pointing out where the unsafe design features were and how they could have been avoided.

Manufacturing Defect

Manufacturing defects, on the other hand, arise when a product diverges from its intended design during the production process. These defects are not inherent in every product but are the result of errors or complications that occur during the product's assembly or production. Even well-designed products can end up being dangerous due to a manufacturing defect.

Unlike design defects, manufacturing defects are typically unintentional. They may result from human error, malfunctioning equipment, or quality control failures. Regardless of their cause, these defects can make a product dangerous and cause harm to consumers.

In order to successfully litigate a manufacturing defect claim, we must prove that the product differed from its intended design and that this deviation is what made the product dangerous. This process usually requires an analysis of the manufacturing process and may involve the testimony of experts in the field.

Warning Failure

Finally, a warning failure, or failure to warn, refers to situations where manufacturers or sellers fail to provide adequate instructions or warnings about a product's potential risks. This type of defect does not pertain to the product's physical attributes but to the information (or lack thereof) accompanying it.

Manufacturers have a legal duty to notify consumers of any non-obvious, foreseeable risks associated with their products' normal use or misuse. Neglecting to do so can result in accidents and injuries, as consumers unknowingly put themselves in danger.

A warning must be adequate and prominently displayed, not hidden in the fine print. A warning that is too vague, too difficult to understand, or not prominently placed can be considered a failure to warn in a product liability claim. In these cases, having a dedicated product liability lawyer like those at Lerner Law Injury & Accident Firm can be invaluable in presenting a compelling case.

Elements of a Product Liability Claim

Elements of a product liability claim

Duty of Care

In product liability law, all entities involved in producing and distributing a product have a legal obligation to guarantee that their products do not present an unreasonable risk of harm to consumers. This is called a duty of care. This duty extends to every step of the process, from the product's initial design and manufacturing to its marketing and sale.

Violating this duty can have serious consequences, including substantial financial liability for damages. Thus, businesses must make safety a top priority in their operations. Despite these requirements, defective products still find their way into the market, leading to harm and initiating product liability claims.

Breach of Duty

A breach of duty occurs when a manufacturer or seller fails to fulfill their duty of care, resulting in a dangerous or defective product. This could happen at any stage of the product life cycle, from design to manufacturing, marketing, and distribution. A breach could be a design flaw, a manufacturing error, or insufficient warnings or instructions.

The nature of the breach can significantly affect the course of a product liability claim. For example, a breach resulting from a design defect may implicate a product line's entire range, whereas a manufacturing defect might affect only a certain batch of products. Identifying the type and extent of the breach is an important step in building a solid product liability case.

Causation

In product liability law, it's not enough to demonstrate that a product was defective and that the consumer suffered harm. It's also necessary to prove causation, which is the link between the defective product and the harm suffered. This is a critical aspect of product liability cases, as it directly impacts the plaintiff's ability to recover damages.

Proving causation often requires a detailed analysis of the circumstances surrounding the incident. This could involve medical evidence showing the extent of the injuries, technical analysis of the product and how it was used, and even reconstructions of the incident. Expert witnesses frequently play a crucial role in establishing this causation.

Damages

For a successful product liability claim, we must prove that the consumer suffered actual damages as a result of the defective product. These damages can take many forms, including physical injury, emotional distress, lost wages, or financial loss due to medical bills or property damage. In some cases, this could even result in a wrongful death or medical malpractice case.

The type and extent of damages can significantly affect the amount of compensation awarded in a product liability case. They are typically categorized as compensatory (intended to compensate the plaintiff for actual losses) and punitive (aimed at penalizing the defendant and deterring similar conduct). Count on our legal representation to help you.

Types of Product Liability Cases

Types of product liability cases

Product liability cases can span a vast range of products affecting various aspects of consumers' lives. The nature of the product involved can significantly impact the complexity of the case, the potential defendants, and the damages that may be recoverable. It's crucial to understand that any product that is designed, manufactured, or marketed to consumers and causes harm due to a defect could potentially give rise to a product liability claim.

At Lerner Law Injury & Accident Firm, we handle a wide array of product liability cases throughout our practice areas, including but not limited to:

Consumer Products

Product liability cases often involve everyday items purchased by consumers. These can include appliances, electronics, children's toys, automobiles, and even food items. The manufacturers and distributors of these consumer products bear the responsibility for ensuring their safety, but unfortunately, this is not always the case.

When defects occur, whether in design, manufacturing, or marketing stages, these everyday items can become hazards leading to significant injury, property damage, and even loss of life.

Industrial and Commercial Products

Product liability cases can also involve products used in an industrial or commercial setting, including auto parts. These cases often involve machinery, safety equipment, tools, or other products used in the course of business operations.

The inherent risks associated with industrial and commercial environments make product safety a crucial issue. A defective piece of machinery or inadequate safety equipment can lead to catastrophic accidents with severe and lasting injuries.

Pharmaceutical and Medical Devices

Another significant category of product liability cases involves pharmaceuticals and medical devices. These products, intended to improve health, can sometimes cause harm due to defects, improper testing, or inadequate warnings about potential risks.

Such cases can involve prescription drugs, over-the-counter medications, medical implants, surgical devices, and more. Our medical malpractice lawyer can help you.

Product Recalls and Consumer Protection in Burbank, CA

When a product is found to be defective or unsafe, it may be recalled by the manufacturer or a regulatory agency. However, recalls often occur after consumers have already suffered harm. Our attorneys can assist with legal claims related to recalled products, ensuring that your rights are protected.

Contact Our Burbank Product Liability Lawyer at Lerner Law Injury & Accident Firm to Schedule a Free Consultation

Contact our Burbank product liability lawyer

Lerner Law Injury & Accident Firm believes in standing up for consumers and holding manufacturers accountable. If you or a loved one has been hurt due to a defective product, we are here to help.

Contact our Burbank product liability lawyers today to schedule a free consultation and take the first step toward seeking justice.

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