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Long Beach Product Liability Attorney

Injured by a Defective Product in Long Beach?

Long Beach is a world-class city, home to the Queen Mary, the Aquarium of the Pacific, and a major University. People who live and work in Long Beach enjoy an active lifestyle. If you experience any type of injury, it’s important to have access to the best treatment and medical care.

For over 20 years, The Law Firm of Joseph H. Low IV has been helping people in Long Beach. If you were injured in an accident, head attorney Joseph Low will file a claim or lawsuit against the person who hurt you to help you get the money you need to recover. Our firm has a “10.0 Superb” score from Avvo, a leading independent rating agency for attorneys.

Call (562) 901-0840 to schedule your FREE consultation with a Long Beach personal injury lawyer today. You won’t owe us anything unless we win your case.

Steps To Take After Suffering a Product Liability Injury in Long Beach

Manufacturers and their agents are obligated to provide consumers with products that are safe when used in a reasonable manner. If you have suffered injuries due to a defective product, such as a burn or broken bone, make sure you protect yourself and your family by following these important steps.

  1. Keep the product and anything related to it, such as packaging, instructions, receipts, etc.
  2. Take photographs of the product and the accident scene.
  3. Verify that you were using the defective product in accordance with the manufacturer’s written instructions.
  4. Gather the names and phone numbers of any witnesses to be contacted by your Long Beach product liability lawyer at a later date.
  5. Seek medical attention immediately.

Who Is Liable for Your Injuries?

If you or a loved one has been injured by a defective product, liability may apply to those who make it, promote it, stock it, supply it, or sell it. Potential liability exists in tort for a product if there is a deficiency within the design or manufacture that leads to injury during usage in a sensibly predictable manner. Liable parties may include:

  • Designers
  • Manufacturers
  • Retailers
  • Marketers
  • Distributors
  • Wholesalers
  • Dealers
  • Manufacturers of component parts

Types of Product Liability

You have the right to expect that a product won’t cause needless injuries to you and your loved ones. That’s why businesses must put safeguards in place to ensure that their products are reasonably safe when used as directed.

Children are especially vulnerable when businesses fail to adequately test products to make sure they are safe before releasing them into the marketplace. There are various types of unsafe products that harm unsuspecting consumers every year, including:

  • Fire extinguishers
  • Toys and games
  • Highchairs
  • Power tools
  • Automobiles
  • Appliances
  • Pharmaceuticals
  • Car seats
  • Furniture
  • Medical devices
  • Sporting goods
  • Smoke detectors
  • Cribs and playpens
  • Personal protective equipment (PPE)

Understanding Product Liability Injuries

Everyone has a duty of care to avoid harming others. That’s why businesses are required to take reasonable precautions to eliminate product defects that cause foreseeable harm. Businesses must test products at all stages of development and anticipate potential hazards. The time to prevent injuries is before the product is released on the marketplace.

Defective and poorly designed products harm consumers in all sort of ways. For example, toys that are made for small children must not have parts that cause choking hazards. Power tools must have guards and safety switches. Highchairs must be designed to prevent falling over a child moves around.

A major area of product liability is unsafe automobiles. Unfortunately, automakers have a sad history of selling vehicles that have major safety flaws, including faulty brakes, defective tires, leaking fuel systems, and insufficiently reinforced cabins.

Injuries cause by unsafe and poorly tested products include:

Strict Liability

This legal concept could be described as automatic or natural liability, not dependent upon proving negligence. Three types of defects may apply:

  • Defective manufacturing
  • Defective design
  • Failure or insufficiency in warning

Liability in tort may apply after a product is put on the market with the knowledge that the user will likely not inspect it and a deficiency causes injury.

Defining a Product Liability Defect

A defectively manufactured product may have been produced in a condition considered to be substandard. Defective products may be those that deviate from the manufacturer’s intentions or that are inconsistent with the other identical units. For one to prove a product defective, evidence must indicate that a malfunction led to the injury. A product may be determined as defective if there is a failure to equal the quality of comparable products, which can create liability for injuries.

Product Liability May Extend Beyond Manufacturer

Anyone who is significant along the marketing or production supply chain may be subject to liability. The necessary elements in proving such liability include:

  • The entity derived financial gain from the product.
  • Their role was a significant aspect in delivering the product to its initial consumers.
  • The entity had some degree of influence in producing or selling the product.

A doctrine protects the maker of specific components from liability unless it is determined that the individual component had some defect that led to the injury.

Consumer Expectations Test

  • The product failed to perform as safely as a reasonable user may have initially expected.
  • The injury occurred when the amid product usage was in accordance with the intended or reasonably anticipated manner.
  • An injury did occur.
  • The product’s failure to perform safely was a leading factor in the plaintiff’s injury.

A product may be determined to have a defect when measured with the consumer expectation test regardless of whether the benefits outweigh the risks. Likewise, the product may be deemed defective if it meets user expectations but is found to have a likelihood for danger in that the risks of product design overshadow its benefits.

Risk-Benefit Test for Product Liability Cases

The risk-benefit test is a means for a plaintiff to establish the defectiveness of a product by proving the design was what caused the injury. The test measures the balance by comparing the benefits versus the risks. The risk-benefit test is not designed as a means to argue against the consumer expectations test.

Product Misuse

A plaintiff must provide evidence indicating the injury resulted while the product was being used in either its intended or in a reasonably predictable way. Misuse is an affirmative argument, but it must be proven that after leaving the manufacturer’s control the product was subjected to abuse or modified in manner that contributed to the injury. If the misuse or altered state of the product was only a partial cause of harm, it may be subject to comparative fault.

Warnings for Dangerous Products

Manufacturers are also obligated to market their products responsibly. This means that while a product may be safe if used for a specific purpose, it could be hazardous if used under different circumstances. In this case, the product must include clear, visible, and concise warnings outlining the danger and its consequences.

A manufacturer may be subject to liability associated with failing to warn if generally accepted knowledge determined either scientifically or medically indicates the presence of risk. These risks were below the standard of acceptability for care that a reasonable entity should have been aware of and taken action to warn about. A manufacturer is considered to have knowledge and expertise within the realm of their industry. This standard is a presumption that the party is actively aware of the latest developments within their market. In cases where the manufacturer has provided sufficient warnings or guidelines to effectively make users aware of potential dangers, they are shielded from liability relative to a failure to warn.

When To File a Product Liability Claim

The most common claim against a manufacturer is usually referred to as a “strict product liability” claim. If you file a strict product liability claim against a manufacturer, you may not have to prove that the manufacturer was “negligent” (necessary in most other injury claims) but you may have to establish the following:

  1. The product was, in fact, defective.
  2. The defect existed prior to the manufacturer releasing the product.
  3. The defect caused your damages.

Compensation for Product Liability Injuries

The Law Firm of Joseph H. Low IV will investigate your accident to determine who is responsible for your injuries. When preparing a case, our firm consults with expert witnesses, including engineers, economists, medical doctors, and others, to determine the cause of your injuries and the extent of your images.

When our investigation is complete, The Law Firm of Joseph H. Low IV will file a claim or lawsuit against anyone whose negligence contributed to your injuries. A product liability claim includes the following types of damages:

  • Current and future medical expenses
  • Loss of income
  • Pain and suffering
  • Medical devices
  • Loss of consortium
  • In-home nursing care
  • Disfigurement
  • Occupational therapy
  • Reduced quality of life
  • Wheelchair access for your home
  • Wrongful death

We’ve Won Millions for Our Clients

If you’ve suffered serious injuries caused by an unsafe product, we want to hear what happened. Contact The Law Firm of Joseph H. Low IV to meet with an experienced Long Beach defective product lawyer. We believe that the person who hurt you should have to pay for it.

Call (562) 901-0840 and learn more today.

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"Joseph, Thank you for your assistance. Your understanding compassion & incredible expertise are admired & appreciated. I will be referring any of my clients who require legal help to you."
- M.D.