Defective Product Lawyer in Los Angeles

Who is liable for a defective product in California?

Not only the manufacturer. California holds the whole chain of distribution to account, so several parties can be responsible, each with its own insurance:

• The manufacturer of the product or of the defective component.
• The distributor and importer that brought it to the market.
• The retailer or seller, which is usually answerable as well as the maker. That includes goods bought at a swap meet or over the internet.
• An online sales platform. California courts have held that a large online marketplace can be strictly liable for what is sold through its site, even when the manufacturer is in another country and cannot be sued there.
• A public agency, where a dangerous condition of public property is involved, under Government Code section 835. These claims carry a six month deadline.

Not having a receipt does not close the door. A purchase can be shown with card or bank statements, confirmation emails or witnesses.

How is a product defect proved?

You do not have to show the company was careless. It is enough to prove that the product had a defect and that the defect caused the injury while the product was being used in a normal way. There are three kinds:

• Manufacturing defect: that particular unit came out wrong.
• Design defect: every unit of the line is dangerous because of how it was designed.
• Failure to warn: the danger existed and nobody warned of it in a way the user could understand.

The third kind matters a great deal in Los Angeles. A product sold in a neighborhood where people read Spanish, with instructions and warnings only in English, may be defective for exactly that reason. The warning has to reach the user who can foreseeably be expected to use the product, and in Los Angeles that user often reads Spanish.

The proof is the item itself, its model and lot number, the maker’s records, and reports from other people hurt in the same way. A recall is useful evidence, but a claim does not depend on one.

California follows pure comparative fault, so if you share some responsibility, your recovery is reduced by your share instead of being barred. Under Civil Code section 1431.2, each defendant is liable for non-economic damages only in proportion to its fault.

Who pays when a product injures someone?

The money usually comes from the liability insurance of one or more companies in the chain of sale, which is why identifying every party early matters. A few practical points:

• Each company has its own coverage, so a claim against the manufacturer, the importer and the seller can bring more than one source of recovery.
• Health insurance pays treatment as it happens and may later claim reimbursement from any settlement, which is negotiated before you receive a net figure.
• Your own policies may also respond, depending on how the injury happened, such as a vehicle part that failed.

What compensation can you recover for a defective product injury?

• Medical expenses, past and future, including surgery, therapy and long term care.
• Lost earnings and loss of future earning capacity.
• Property damage to the product and to other belongings it damaged.
• Pain, suffering and emotional distress, and the loss of enjoyment of life.
• Punitive damages under Civil Code section 3294 where a company acted with malice, oppression or fraud.
• Wrongful death damages for the family under Code of Civil Procedure section 377.60 when a product causes a death.

A claim’s value cannot be known before the medical picture is clear, and nothing here predicts a result.

How long do you have to file a defective product claim in California?

• Two years from the date of injury to file an injury lawsuit, under Code of Civil Procedure section 335.1.
• Three years for property damage only, under Code of Civil Procedure section 338.
• Six months to present a written claim if a public entity is involved, under Government Code section 911.2. This shorter deadline governs.

For an injury that only appears later, the two years can run from when the injury and its likely cause were, or should have been, discovered. That rule is applied case by case, so have your date confirmed at the start. Under Los Angeles Superior Court Local Rule 2.3(a)(1)(A), a case is filed in the judicial district where the incident arose.

How much does a defective product lawyer cost in Los Angeles?

No fee unless there is a recovery. Broukhim Legal PC takes injury cases on a contingency fee, so there is nothing to pay up front and the fee is paid out of what is recovered. If nothing is recovered, no fee is owed. The fee agreement is put in writing and signed before any work starts, as California law requires (Business and Professions Code section 6147), and the costs of running the case are explained in that same agreement. Your first conversation is free, confidential and carries no obligation.

Personal injury lawyers across Los Angeles County

Broukhim Legal PC represents people hurt by defective products throughout Los Angeles County. Each city page sets out the courthouse an incident in that city is filed in, how a claim against that city is presented and the deadlines that apply:

See all locations we serve, or tell us about the product and the injury for a free case review.

Meet your Los Angeles defective product lawyer

Bejan Broukhim, Founder and Lead Attorney
State Bar of California, license number 183036

Bejan Broukhim brings years of California legal experience to injury and mass tort cases and personally reviews each one. He earned his J.D. at the University of West Los Angeles School of Law, served as a judicial extern in the U.S. Bankruptcy Court and the Van Nuys Superior Court, and appeared in preliminary hearings as a certified law clerk with the Los Angeles County District Attorney’s Office. Every case is prepared from day one as though it will go to trial.

Office: 550 S Hill Street, Suite 1390, Los Angeles, CA 90013, serving all of Los Angeles County and California. Get directions