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How is negligence used in California product liability cases?

 How is negligence used in California product liability cases?

California civil lawsuit, concerning flawed consumer products sometimes do not require plaintiffs to prove manufacturer negligence. Strict liability complaints are essentially no-fault claims for damages, based upon the unusually dangerous nature of a product. Strict liability is associated with the product defect rather than any carelessness by the manufacturer.

Negligence proof is at the heart of defective product claims that do not involve strict liability. Negligence claims accuse a manufacturer of violating an obligation to provide consumers with products safe to use. The direct relationship between a manufacturer, seller or distributor's actions and an injured plaintiff must be established, whether the plaintiff was the buyer or someone else harmed by a defendant's product.

To talk to one of our Los Angeles personal injury lawyers, call 323-658-8077. Or, if you prefer, send us an email by clicking on the red button below.

  • Initial consultations are free and we take cases on a contingency — which means there is no fee if there is no recovery.
  • Our multilingual staff speaks Spanish, Farsi and Armenian.
  • We also can handle complex cases via attorney referral.

California dangerous products: McDonald's Hello Kitty toy

California dangerous products: McDonald's Hello Kitty toy

Young children are the most innocent consumers in California. Children depend upon parents to buy the toys they play with and protect them, as parents depend upon manufacturers to make children's products safe. Evidence that a toy poses a serious health risk can prompt manufacturers to issue a voluntary recall – in some cases, the federal government will force a recall.

McDonald's recently recalled a promotional toy with a potential choking hazard. The toys, with detachable red whistles, were included in North American Mighty Kids Meals and Happy Meals, as part of an October-November Hello Kitty promotion. McDonald's issued the voluntarily recall, after learning the whistles might be dangerous.

To talk to one of our Los Angeles personal injury lawyers, call 323-658-8077. Or, if you prefer, send us an email by clicking on the red button below.

  • Initial consultations are free and we take cases on a contingency — which means there is no fee if there is no recovery.
  • Our multilingual staff speaks Spanish, Farsi and Armenian.
  • We also can handle complex cases via attorney referral.

Should the Takata recall concern Los Angeles vehicle owners?

 Should the Takata recall concern Los Angeles vehicle owners?

Ten U.S. automakers and 7.8 million vehicles are affected by a recall of Japanese-made Takata air bags. NBC News reported the air bags are linked with at least four fatalities. The defective air bags, in some 2000 to 2011 vehicle models, have the potential to explode during an accident, a problem Takata linked to U.S. regions with warm temperatures and high humidity.

Manufacturer recalls for Takata air bags began in 2013. In October 2014, the National Highway Traffic Safety Administration warned affected owners to have the recalled air bags replaced immediately, particularly in specified regions with high humidity. However, California and two other states where the fatal air bag accidents occurred were not among high-risk regions targeted by the NHTSA.

To talk to one of our Los Angeles personal injury lawyers, call 323-658-8077. Or, if you prefer, send us an email by clicking on the red button below.

  • Initial consultations are free and we take cases on a contingency — which means there is no fee if there is no recovery.
  • Our multilingual staff speaks Spanish, Farsi and Armenian.
  • We also can handle complex cases via attorney referral.

What theories are used in California product liability claims?

 What theories are used in California product liability claims?

Understanding legal theories helps attorneys and injured parties take the correct approach to a claim. One or more of three theories sets the foundation of California product liability claims. When the claims are successful, a manufacturer or other defendant is ordered to pay damages for losses suffered by a plaintiff.

False or misleading product claims, negligence and strict liability are theories used in product liability cases. Let's first address tortious misrepresentation. Manufacturers may not deceive consumers about product safety, either intentionally or by failing to learn whether a product claim is true.

To talk to one of our Los Angeles personal injury lawyers, call 323-658-8077. Or, if you prefer, send us an email by clicking on the red button below.

  • Initial consultations are free and we take cases on a contingency — which means there is no fee if there is no recovery.
  • Our multilingual staff speaks Spanish, Farsi and Armenian.
  • We also can handle complex cases via attorney referral.

Theories for pursuing California product liability cases

 Theories for pursuing California product liability cases

Los Angeles consumers carry the burden of proof in liability claims against product manufacturers. Plaintiffs' cases must show a product maker did something wrong that led to an injury. Keep in mind the definitions of "wrong" can take many forms.

A product liability lawsuit may be based upon strict liability. A plaintiff's evidence must show a manufacturer's product was defective before it reached consumers. Proving this "wrong" does not require direct proof of manufacturer fault, only that somewhere between the design and sale of a product a harmful flaw occurred.

To talk to one of our Los Angeles personal injury lawyers, call 323-658-8077. Or, if you prefer, send us an email by clicking on the red button below.

  • Initial consultations are free and we take cases on a contingency — which means there is no fee if there is no recovery.
  • Our multilingual staff speaks Spanish, Farsi and Armenian.
  • We also can handle complex cases via attorney referral.

Senior-minded regulators ramp up defective product recalls

Senior-minded regulators ramp up defective product recalls

Although health-conscious California residents often remain active well into older age, eventually many people develop physical or cognitive issues. The oldest and youngest Americans are the most vulnerable to accidents, including injuries caused by defective products. Seniors are the victims of 65 percent of all product-related fatalities.

Not all trips, burns, falls or other accidents are caused by product manufacturer mistakes. Some are the result of product misuse. However, disturbing consumer product injury statistics and an ever-increasing older population have prompted federal officials to ratchet up warnings about senior safety.

To talk to one of our Los Angeles personal injury lawyers, call 323-658-8077. Or, if you prefer, send us an email by clicking on the red button below.

  • Initial consultations are free and we take cases on a contingency — which means there is no fee if there is no recovery.
  • Our multilingual staff speaks Spanish, Farsi and Armenian.
  • We also can handle complex cases via attorney referral.