Southern California Defective Product Lawsuit Lawyer
Filing a Defective Product Lawsuit in California
When you purchase a product, you trust that it will work as intended with no risk to your health and safety. Unfortunately, manufacturers, designers, and retailers don’t always meet this standard and put out defective products. Defective products can create significant problems for users, including severe injuries and even death.
Have you suffered an injury as a result of a defective product? A Los Angeles personal injury attorney at KJT Law Group can help you determine if you have grounds to file a lawsuit against the manufacturer, distributor, or another party responsible for the product defect.
Give us a call today at (818) 507-8525 to learn more in a free consultation.
What Is Considered a Defective Product in Southern California?
California adheres to many of the common guidelines outlined in the Uniform Commercial Code (UCC). It regulates commercial transactions across the country and holds manufacturers, distributors, and sellers responsible for (UCC § 2-313) and implied (UCC § 2-314) warranties.
If you are injured as a result of a product defect while reasonably using it, you may be able to seek compensation from the responsible party. Depending on the defect, this could be the designer, manufacturer, tester, distributor, or seller of the product or of defective parts within the product.
Product defects fall under three categories:
- Products with design defects
- Products with manufacturing defects
- Products without sufficient instructions or warning of known hazards
Each of these defects requires a different legal approach. A Southern California defective product injury lawyer at KJT Law Group can help you determine how to proceed with your legal claim.
Proving Your Southern California Defective Product Case
You must have documentation to support your claim for your injury stemming from the defective product. Examples include medical records, recall announcements, and the product itself. A product liability attorney with our firm can help you obtain the necessary evidence that shows:
- The other party sold, designed, manufactured, or distributed a product.
- The product did not operate as intended or did not have appropriate instructions or warnings.
- The defective product injured you.
- Your injuries caused damages in the form of both economic and non-economic losses.
We can gather the evidence we need to pursue all the responsible parties in your product liability claim. From there, we can seek fair compensation from each of them and enter into settlement negotiations.
Examples of Southern California Defective Product Lawsuits
There is a range of potential product defects, so legal procedures and case results can vary widely. Notable recent product defect lawsuits include:
- Pilliod v Monsanto Co (2021): In a widely reported case, the plaintiff sued Monsanto after contracting non-Hodgkins lymphoma as a result of prolonged exposure to the herbicide Roundup. The plaintiffs were awarded approximately $87 million in compensatory and punitive damages, and Monsanto lost the appeal in August 2021.
- Leavitt v Johnson & Johnson (2021): The plaintiffs sued Johnson & Johnson, alleging that exposure to asbestos in Johnson’s Baby Powder caused one of the plaintiffs to contract mesothelioma, a rare cancer typically caused by asbestos exposure. The jury awarded the plaintiffs $29.5 million in compensatory damages from Johnson & Johnson and Cyprus Mines Corporation, the owner of the talc mines.
- Zantac (Ranitidine) Products Liability Litigation MDL (2020): As of 2020, approximately 13,000 lawsuits against the manufacturer and distributors of Zantac have been consolidated into a single multidistrict litigation (MDL) in the Southern District of Florida. The cases allege that the active ingredient in Zantac, ranitidine, caused cancer in victims who took the drug as prescribed. Plaintiffs further allege that the dangers of Zantac were concealed, which resulted in economic damages. The case is ongoing, and bellwether trials are scheduled to begin on July 17, 2023.
Other Types of Defective Product Lawsuits in Southern California
Defective product lawsuits can apply to virtually any product, including:
- Prescription medication and dangerous drugs
- Medical devices
- Prosthetics and implants
- Consumer products and appliances
- Cars, trucks, and other motor vehicles
- Cell phones, laptops, and other electronics
- Circuit breakers, wiring harnesses, and other electrical components
- Tobacco products
- Construction materials, hardware, and equipment
- Children’s toys
- Pesticides, herbicides, and other hazardous chemicals
If you suffered an injury or illness from a defective product, your Los Angeles personal injury lawyer can launch an investigation to get to the bottom of what happened.
Losses You Can Include in a Southern California Defective Product Lawsuit
When you are injured due to a product defect, you should not be responsible for the costs associated with your injuries. As such, California allows injury victims to claim compensatory damages for their losses. Such losses may include both economic and non-economic damages.
Economic damages are financial losses that can be objectively verified with documentation. They include:
- Lost earnings
- Medical costs
- Loss of use
- Property repair and replacement costs
- Domestic service expenses
- Loss of business and future business or employment opportunities
Documentation you may use to verify economic damages includes pay stubs, bills, invoices, and economic expert analysis.
Non-economic damages refer to losses that are more subjective and less easy to verify using documentation and financial calculations. They may include:
- Pain and suffering
- Mental and emotional distress
- Loss of companionship
- Loss of consortium
- Diminished quality of life
- Loss of enjoyment
- Loss of reputation
- Chronic disability or impairment
The Southern California defective product lawsuit attorneys at KJT Law Group know how to quantify non-economic damages so you can obtain fair value for the losses you sustained as a result of a product defect. They may use witness statements, testimony from mental and physical health professionals, as well as their experience with case law for a wide range of product defect claims.
In cases of gross negligence, the responsible party’s actions were severely negligent to the extent that they display a wanton disregard for the health and safety of others.
In such cases, the court may also decide to award exemplary damages, also known as punitive damages. Unlike compensatory damages, exemplary damages aim to punish the other party and discourage them from performing the same harmful actions in the future.
To understand the types of damages you can claim, consult a defective products lawsuit lawyer in Southern California from our team.
Our Southern California Defective Product Lawsuit Attorneys Can Help
If you or a loved one was injured due to a product defect, our Southern California personal injury lawyers are ready to get to work for you. Our team can examine your claim and help you decide if you have grounds to file a class action suit, join an existing MDL, or file an individual product liability claim or lawsuit in Southern California. Connect with us at (818) 507-8525 to begin a free consultation. Our attorneys also take defective product cases on a contingency-fee basis. That way, you take no financial risk, as we only collect our fee if and when we settle or win your case.
If you or someone you love was injured due to a defective product, contact KJT Law Group at (818) 507-8525 for a free consultation to discuss your legal rights and options.
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