Los Angeles Product Liability Lawyer
If you’ve been harmed by a defective household product, faulty automobile part, contaminated food, or other unsafe items, the product liability lawyers at Ellis Law will determine if you’re entitled to compensation. Boasting more than two decades of experience advocating for clients who’ve suffered serious injuries and financial hardships due to recalled and defective products, we promise to hold the liable parties accountable for your pain, suffering, and economic losses.
Product liability lawyers at Ellis Law
For over twenty years, each Ellis Law personal injury lawyer has dedicated their practice to helping innocent victims recover maximum compensation for their injuries. Our reputation as one of the country’s leading personal injury law firms rests on more than $350 million in verdicts and settlements procured on behalf of our clients.
A successful product liability lawsuit can recoup monetary damages related to dangerous prescription drugs, defective medical devices, hazardous infant toys, and other products that cause consumer injury.
Some product defects leading to injuries can be traced back to poor manufacturing or inherent design flaws, while other injuries stem from a manufacturer’s failure to warn of known dangers. Big corporations and major companies have a responsibility to design, assemble and distribute products that are safe for their intended purpose, but when that duty is breached, catastrophic injuries and needless deaths often result.
Common defective product claims
Representing clients throughout the nation, Ellis Law offers unsurpassed legal representation to those who’ve suffered harm because of faulty products, whether it occurred in the workplace, at a business establishment, or at home. We understand the emotional and monetary burdens associated with defective product injuries and will provide the personal attention you deserve during these difficult times. But most importantly, we are here to ensure your rights and those of your family are protected through every step of the litigation process.
Our attorneys accept a wide range of product liability claims, including those arising from:
- Recalled products
- Infant products
- E-cigarettes and vape products
- Defective household items
- Recalled toys
- Recalled food items
- Vehicle recalls
- Defective medical devices
- Dangerous prescription drugs
- Chemical contamination
- Construction and industrial machinery
- Power tools and other equipment
Serious injuries from manufacturing & design defects
Unfortunately, big businesses have a long track record of placing profits ahead of consumer safety. Billions of dollars in yearly revenue often take precedence over updated warning labels. Every year, hundreds of Americans suffer devastating injuries caused by hazardous household items, artificial hip and knee replacements, medications, and food products.
Since both state and federal consumer laws are considered in product liability actions, it’s crucial to partner with a firm that is well-versed in this area of litigation. In order to obtain a damage award or settlement through the courts, your attorney must demonstrate that the product was defective or carried insufficient warnings, thus resulting in your injury.
There are three main categories of product liability claims:
- Claims based on manufacturing defects
- Cases involving design defects
- Lawsuits involving failure to warn, insufficient labeling or misleading advertising
Consumers harmed by a failure to warn
Injured consumers may also have grounds for legal action if a manufacturer failed to sufficiently warn about potential risks.
Ellis Law attorneys offer each prospective new client a free and confidential legal review to gather the facts of your case and determine whether product risks were sufficiently labeled.
Some of the factors we will consider include:
- Was the product being used in its intended manner?
- What is the nature/severity of your injuries?
- Were the warning labels clearly marked, easy to understand, and visible?
- How much did the product label depend on the experience of the consumer?
- Was it likely the product could cause injury?
In order to build the strongest case possible and increase your chances of recovery, our firm collaborates with a highly regarded network of industry professionals to provide clients with the expert testimony that is often pivotal in product liability claims.
Causes of action in product liability litigation
Suffering an injury, whether minor or life-threatening, because of a dangerous or defective product doesn’t always entitle victims to immediate compensation. The sooner you seek the counsel of a skilled attorney, the better your prospects are for collecting monetary damages.
Depending on the circumstances of your injuries, a lawsuit may include the following causes of action:
- Negligence: A manufacturer may be held liable for insufficient pre-market testing, failure to provide adequate instructions, failure to issue a timely product recall notice, or negligence in the design of the product.
- Strict liability: the majority of product liability actions are brought under this theory, which extends the liability of the manufacturer or seller to anyone who uses the product as intended and is subsequently harmed.
- Implied Warranties: An implied warranty guarantees that the product must be fit for purposes intended by the seller.
Who can be held liable for a defective product that causes injury?
When pursuing a product liability claim, the law may assign blame to one or several entities along the supply chain. This includes the supplier of raw materials, the distributor, the supplier of specific components, the manufacturer of the finished product, or a third-party retailer.
To make matters even more complicated, components of a faulty consumer product may be manufactured by more than one company, and assembled by others still. There can be varying contractual requirements between buyers and sellers, underscoring the need for competent legal counsel who has the resources and skill to investigate and identify all potential liable parties.
Time limits for filing a product liability claim
California imposes restrictions on the time within which a product liability claim must be filed. In most cases, the statute of limitations is two years from the date the plaintiff discovers or should have known about their injuries. This is because injuries and ailments arising from defective products aren’t always immediately apparent. Chemical contamination is an excellent example, as victims may not know they are ill until many months or possibly years following the initial exposure.
Our dedicated attorneys can help you understand the deadlines for your case, and take appropriate action as soon as possible.
How long will it take to resolve my case?
Ellis Law attorneys make every effort to expedite the legal process, but the duration of litigation is always case-specific. Product liability actions that are not resolved through settlement negotiations may take two or more years to go from initial filing to jury verdict.
The vast majority – over 95 percent — of injury claims never go to trial, and settlements are increasingly common, especially when large numbers of plaintiffs bring similar claims against a single manufacturer.
The odd lawsuits that do make it before a jury provide insight into the tone for upcoming litigation. While the uncertain timelines for litigation can be anxiety-producing, Ellis Law is here to make the process as easy and stress-free as possible. We ensure our clients have access to the best medical care and do not charge a dime unless a settlement or court award is recovered.
Recent product liability settlements & verdicts
Regardless of the type of product or complexity of the claim, injured victims are entitled to seek fair monetary reparations for all harms that result from items that are defectively designed, manufactured, or marketed. Here’s a summary of some recent product liability litigation that has led to substantial settlements and damage awards.
Talcum Powder Cancer Lawsuits: In June of last year, Johnson & Johnson was ordered by a Missouri court to pay $2.1 billion in compensation to plaintiffs who claimed the company’s talcum powder products caused them to develop ovarian cancer. Investigations revealed that the company knew for decades that their talc consumer products contained asbestos particles, and were linked to certain types of cancer.
Round Up Weedkiller Litigation: Bayer AG agreed to a number of product liability settlements totaling more than $11 billion to resolve claims involving Monsanto’s Roundup weed killer. The settlement also resolves some of the lawsuits that contend exposure to the widely-used herbicide caused plaintiffs to develop non-Hodgkin’s lymphoma, a form of cancer. As part of the agreement, glyphosate – the active ingredient in Roundup—will remain available on the market, but with updated labeling.
Defective Takata Airbag Inflators: Honda Motors reached a $605 million settlement to cover more than 16 million vehicles in the United States that were equipped with faulty Takata air bag inflators. Takata’s faulty inflators are responsible for at least 16 deaths in the U.S., and dozens more injuries. In 2017, Takata was ordered to pay a $1 billion criminal penalty and set aside a $125 million fund for consumers who were injured by the defective products.
Consumer product safety recalls
The U.S. Consumer Product Safety Commission (CPSC) attempts to reduce the risk of needless injuries and deaths from defective and dangerous consumer products by enforcing both voluntary and mandatory safety standards. To better comprehend the breadth of faulty products on the market, the following list of items was recalled by the agency or product manufacturers in the span of two weeks of March 2021:
- INYO inline pool pump motors can overheat posing a fire hazard
- Flame King Hog 100-Pound Propane Cylinders can leak creating a fire hazard
- KTM, Husqvarna and GASGAS Recall Closed Course Competition Motorcycles drive chain can break posing a crash hazard
- Parker Shepherd Boy Plush Toys wire can become exposed, posing a laceration hazard
- Global Home Imports Platform Beds, frames can collapse posing a crush injury hazard
- Haro Masi Evoluzione and Gran Corsa Bicycles, faulty fork steerer poses fall and injury hazard
- Genentech medication Evrysdi for spinal muscular atrophy fails to meet child-resistant packaging requirements
Compensation available to plaintiffs
Ellis Law will work diligently to ensure you are compensated fully for all economic and non-economic losses related to your injuries, pain and suffering. Damages awarded in a settlement or jury verdict will account for:
- Past, present, and future medical bills
- Lost income
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Burial or funeral expenses (in the event of wrongful death)
In some California product liability cases, the courts may opt to award punitive damages to the injured plaintiff. This category of damages goes above and beyond compensatory damages and is intended to punish the defendant for malicious and reprehensible conduct. There is no cap on punitive damage awards in California, but it must be proven with a preponderance of evidence that the defendant acted with “oppression, fraud, or malice.”
Protect your rights, contact Ellis Law today
Burns, lacerations, head trauma, and brain damage are only some of the debilitating consequences of recalled and defective products. If you have been harmed and would like to speak with a Los Angeles product liability attorney, we are pleased to offer a no-charge consultation. We strive to help our clients put their lives back together by working with honesty, compassion, and integrity. To schedule your free case evaluation, please call 888-664-8389.