Santa Monica Product Liability Lawyer

Over 20,000 deaths and more than 25 Million injuries are reported to occur every year due to defective products (per. U.S. Consumer Commission). It is reported that the injuries, deaths and associated property damage from defective products cost the American public over $500 billion annually.

There are 200-300 product recalls each year. The types of products recalled because of defects or dangerous conditions include, but are not limited to automobiles, tires, furniture, household appliances, tools, and safety equipment such as smoke detectors and fire alarms. There are federal and state regulations requiring these products to be designed and manufactured for our safe use. Defects can cause serious injury including brain injury, spinal cord injury, paralysis, severe burn, blindness, scarring, pain, suffering and even death.

California laws are designed to prevent harm and provide compensation for damages or injuries caused due to a defective product. There are many examples of product liabilities including defectively designed or manufactured products; products that do not live up to their respective warranties or guarantees; products that causes injury due to normal use and products that have unclear, incorrect or incomplete instructions or guidelines for use and therefore cause injury or damage.

The most common claim against a manufacturer is one based on the concept of "strict liability". Under the “strict liability” theory claim, you don’t have to prove that the manufacturer was "negligent". Plaintiff must however prove that:

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

A product is considered defective if it does not provide the level of safety which the community generally is entitled to expect. The level of safety required for each product will vary from case to case. It is ultimately for the court or a jury to determine whether a product is defective, after hearing expert witness testimony.

Each product defect case is unique to that product. Whether the manufacturer or seller is liable will depend on the facts of the case and on the actual product. However, mass recalls of defective and dangerous products are often handled as class actions.

The Law Office of Mann & Elias has successfully handled, settled or tried a number of product liability cases. Most recently, in a case involving a defective garment that was highly flammable, Law Office of Mann & Elias obtained for its client, a burn victim, a $3.7Million award by a jury of her peers. For more information, please review our most recent results. Currently, the Law Office of Mann & Elias is taking on product liability claims involving the defective drug, VIOXX.

For more information on burn injuries, please see our section on burn injuries.