Orange County Product Liability Lawyer

97% Win Rate For Product Liability Victims

Over $1 Billion Recovered

When a person buys a product, they put their trust in the company that sold it to them. They expect that product to do what it says it is going to do and be safe to use in the capacity that it was intended to be used. When a company betrays that trust, consumers are not only disappointed, they sometimes suffer monetary damages, physical injuries, and even death. When you have lost money, been injured, or lost a loved one due to a defective or dangerous product, you need to contact a proven personal injury attorney in Orange County that will give you the effort and attention needed to obtain maximum compensation.

Different Types of Product Liability Lawsuits

There are several different reasons a consumer may initiate a product liability action against a product manufacturer. You will want to consult with your attorney to find out which category best defines your case.

Design Defects

A design defect claim is different from a manufacturing defect claim because it charges that the product is fundamentally dangerous based on its design. It does not matter what happened at the manufacturing plant, because the product was doomed from the start.

If the design of the product is unreasonably dangerous, you may have a valid product liability claim. Examples of design defects would include, a gun that is designed to fire without a full pull on the trigger, a car engine that is designed in such a way that it can blow up at any minute, or an airbag that has a better chance of injuring a driver than protecting them.

Remember, a person can sue for design defects, even if they were not a consumer or a direct user of the product, but proving that a design has a defect might require an expert witness. This witness should have a background in product manufacturing. An attorney will often use a similarly designed product to show how a well-designed product of the same type should work. Our firm is staffed with legal researchers who can find the expert witness that can make your case as strong as possible.

Manufacturing Defects

A Manufacturing defect case charges that something happened at the manufacturing plant to make a safely designed product unsafe, and it is the most common of product liability claim.

For example, if a car is designed to have a driver’s side airbag, and the manufacturer forgets to include the airbag in a number of cars, a consumer may sue if injured in a car accident where the airbag could have prevented or minimized their injuries.

When an attorney builds a case against a company for a manufacturing defect case, they try to clearly establish that the defect itself caused the injury. This can be harder than it sounds, because it must be proven that the injury was a direct result of the defect and that any other contributing factors were not significant. The Malfunction Doctrine is a type of argument that can be used if a product has been destroyed in an accident. You must also establish that the consumer used the product as it was intended to be used.

Warning or Label Defects

A warning label defect lawsuit occurs when a company failed to include a thorough enough warning on the label of a product. A lot of whether or not a person can sue for a warning or label defect depends upon the state in which they live. In the state of California, the Safe Drinking Water and Toxic Enforcement Act requires the state to maintain a list of chemicals and by-products that may contain carcinogens. It states that warning labels must be put on any product that contains chemicals that are on this list. The company also has a duty to warn consumers if the use or misuse of their product can harm people.

If a manufacturer of an aerosol product failed to warn consumers to keep the product away from sources of heat or if a manufacturer of edible marijuana candies failed to advise consumers of the amount of cannabis in the candy, this may be grounds for a lawsuit.

Famous Product Liability Lawsuits

Takata Airbag

From 2002 to 2015 Takata’s airbags were installed in several different makes and models of cars. These airbags were recalled after it was discovered that they were exploding on impact, sending fiery shrapnel into the faces of drivers and passengers when they were in a collision.

McDonald’s Coffee

This famed case started when a woman suffered third-degree burns to her thighs when she drank a cup of the hamburger giant’s coffee. The coffee was 180 degrees whereas most fast-food restaurants serve their coffee at 140. She was awarded over half a million dollars, causing a major backlash in the media.

Remington Rifles

Remington rifles, one of the largest manufacturers of personal weaponry in the world, was sued when one of its hunting rifles proved to have something worse than a hair-trigger. The gun fired even when the trigger wasn’t pulled. A man in Texas was shot in the foot when he was carrying one of their guns in 1994, prompting him to sue the company.

Toyota Cars

This popular auto manufacturer was sued when they failed to put their “brake to idle fail-safe” in some of their vehicles. The feature is designed to disregard the gas pedal when the brake is pressed, so it would protect drivers if their accelerator was stuck. In spite of the fact that they recalled the product, consumers were still able to sue the company.

When To Contact a Product Liability Attorney

Suing a manufacturer for a product defect is not the same as suing an insurance company for an auto accident. Manufacturers often have very large teams of attorneys that are in no way willing to accept responsibility for their defects. It simply costs them too much money to do so, and opens up the floodgates for future lawsuits.

Contact attorney Timothy J. Ryan to find out what you need to do next to hold your manufacturer responsible. Our legal team will research every element of your claim and prepare a solid foundation for obtaining maximum compensation.

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Frequently Asked Questions (FAQs) – Orange County Product Liability Lawyer

What are the three main types of product liability claims?

The three main types of product liability claims are design defects, manufacturing defects, and warning defects. Design defect claims involve products that are inherently dangerous due to flawed design, even when manufactured correctly according to specifications. Manufacturing defect claims arise when products are designed safely but something goes wrong during production, creating dangerous variations from the intended design. Warning defect claims, also called failure to warn cases, involve products that may be reasonably safe when used properly but lack adequate warnings about known risks or proper usage instructions. California follows strict liability standards for all three types, meaning manufacturers can be held liable regardless of negligence if their product causes injury. Each type requires different evidence and expert testimony, with design defects often being the most complex to prove as they require showing alternative safer designs were feasible and economically practical at the time of manufacture.

How do I prove my injury was caused by a defective product?

Proving injury causation in product liability cases requires establishing that the specific product defect was the proximate cause of your injuries. This involves preserving the actual product in its post-incident condition, as physical evidence is crucial for expert analysis. Medical records must document injuries consistent with the type of harm the product defect could cause. Expert witnesses are typically necessary, including product engineers to analyze the defect, medical experts to establish injury causation, and accident reconstruction specialists to rule out other causes. Timeline documentation showing normal product use followed by malfunction and immediate injury helps establish causation. Witness testimony about the incident and product behavior is valuable supporting evidence. Similar incident reports or recalls of the same product can strengthen your case. The key is immediate evidence preservation – don’t repair, modify, or discard the defective product, and photograph everything thoroughly. Manufacturers often claim user error, misuse, or alternative causation, making thorough investigation and expert analysis essential to prove the product defect was the actual cause of your specific injuries.

Who can be held liable in product liability cases?

Multiple parties throughout the product distribution chain can be held liable in product liability cases under California’s strict liability doctrine. Primary manufacturers bear responsibility for design and manufacturing defects as well as failure to warn of known risks. Component manufacturers can be liable for defects in parts they supply to final product assemblers. Distributors and wholesalers in the chain of commerce may be liable even if they didn’t manufacture the product. Retailers who sell defective products to consumers can face liability under strict liability principles. Private label manufacturers who produce products sold under store brands share responsibility with the retailer. Design professionals like engineers and architects may face liability for products they designed. In some cases, successor corporations that acquire companies can inherit product liability exposure for previously manufactured products. Parent companies may be liable for subsidiary activities under certain circumstances. The advantage of multiple potential defendants is increased insurance coverage and assets available for compensation, though it also creates complex litigation involving multiple parties with different insurance carriers and legal strategies.

What damages can I recover in a product liability lawsuit?

Product liability victims can recover comprehensive damages including all medical expenses for emergency treatment, surgery, rehabilitation, and ongoing care often required for serious product-related injuries. Lost wages and diminished earning capacity compensation is available, particularly important given that defective products often cause permanent disabilities affecting future work ability. Pain and suffering damages for physical trauma, emotional distress, and reduced quality of life can be substantial in product liability cases. Loss of consortium claims are available for spouses affected by the victim’s injuries and changed life circumstances. Future medical expenses and life care costs for ongoing treatment needs common in catastrophic product injury cases. Property damage for the defective product itself and any other property damaged in the incident. In cases involving particularly egregious conduct, such as manufacturers concealing known defects, punitive damages may be available to punish defendants and deter similar conduct. Wrongful death cases include funeral expenses, loss of financial support, and loss of companionship. Product liability cases often result in substantial settlements due to clear liability under strict liability doctrine and the resources of major manufacturers and their insurance carriers.

How long do I have to file a product liability lawsuit in California?

California’s statute of limitations for product liability lawsuits is generally two years from the date of injury discovery for personal injury claims, with three years for property damage claims. The discovery rule applies, meaning the limitation period begins when you discover or reasonably should have discovered both the injury and its connection to the product defect. For latent injuries that develop over time, such as those from pharmaceutical side effects or toxic exposures, the clock starts when the connection between the product and injury becomes apparent. Wrongful death cases must be filed within two years of death. Some product liability cases may involve longer statutes of repose, which set absolute time limits regardless of discovery, typically 10 years from the product’s initial sale or use. However, these can be extended for products with useful lives longer than 10 years. Given the complexity of product liability cases and the extensive investigation required to identify all potentially liable parties, preserve evidence, and retain expert witnesses, immediate legal consultation is crucial. Evidence deteriorates, witnesses become unavailable, and documents get destroyed over time, making early action essential for building the strongest possible case.

What should I do immediately after being injured by a defective product?

After being injured by a defective product, seek immediate medical attention as your health is the top priority and medical records will be crucial evidence. Preserve the defective product exactly as it was after the incident – don’t repair, modify, or throw it away, as physical evidence is essential for expert analysis. Document everything: photograph the product showing the defect, the accident scene, and your injuries from multiple angles. Take detailed notes about what happened, including the time, circumstances of use, and how the product failed. Keep all packaging, instruction manuals, warranties, and receipts related to the product. Report the incident to the manufacturer and any relevant regulatory agencies like the Consumer Product Safety Commission. Collect contact information from any witnesses who saw the incident occur. Avoid giving detailed statements to insurance companies or manufacturers without legal representation. Save any similar products from the same batch or lot number if possible. Research whether the product has been subject to recalls or safety warnings. Contact Timothy J. Ryan immediately, as product liability cases require rapid evidence preservation, expert analysis, and investigation into the manufacturer’s knowledge of defects and similar incidents involving the same product.

How do product recalls affect my liability case?

Product recalls can significantly strengthen your product liability case by providing evidence that the manufacturer knew or should have known about defects in their product. If your injury occurred before a recall was issued, it may demonstrate the manufacturer’s delayed response to known safety hazards, potentially supporting punitive damages. Post-injury recalls of the same product can validate your claims about the product’s dangerousness and help establish that the defect wasn’t an isolated incident. The recall notice itself often contains admissions about the nature and extent of the defect that can be used as evidence. However, recalls can also create complications if they occur after your injury but before your lawsuit is filed, as manufacturers may argue the recall demonstrates responsible corporate behavior. The timing and scope of recalls matter significantly – widespread recalls suggest systematic defects rather than isolated manufacturing errors. Recall effectiveness and whether adequate notice was provided to consumers can become litigation issues. Even if no recall was issued for your specific product, recalls of similar products from the same manufacturer can establish knowledge of design or manufacturing problems. The key is working with experienced attorneys who understand how to use recall information strategically to strengthen your case while addressing any potential complications recalls might create.

What makes product liability cases different from other personal injury claims?

Product liability cases differ significantly from other personal injury claims because they operate under strict liability rather than negligence standards, meaning you don’t need to prove the manufacturer was careless, only that the product was defective and caused injury. These cases involve complex technical evidence requiring specialized experts in engineering, manufacturing, and product design rather than typical accident reconstruction. The defendants are usually large corporations with substantial resources and experienced legal teams, rather than individual drivers or property owners. Product liability cases often involve federal regulations from agencies like FDA, CPSC, or NHTSA, adding regulatory compliance issues to the legal analysis. Multiple parties throughout the manufacturing and distribution chain may be liable, creating complex multi-party litigation. The evidence focus is on the product itself and manufacturing processes rather than witness testimony about an accident sequence. Discovery often involves obtaining internal corporate documents about product development, testing, and known defects. These cases frequently require preserving and analyzing physical evidence that can deteriorate or be destroyed. Time limitations may be different due to discovery rules for latent injuries. Product liability cases often result in class actions or mass tort litigation when multiple people are injured by the same defective product, requiring different legal strategies than individual injury cases.