Product Defect & Recall Attorney California
How Does a Lawyer Locate the Defects and Problems With Goods and Products?
Every year consumers just like you get injured by poorly designed, or constructed defective products.
- Badly made products can lead to death and serious incapacitation
- Types of monetary rectification available to consumers
- Types of products liability claims that may be sought
- Negligence products liability
- Strict liability products
- Getting help
And in many of those cases, the products had been or were later recalled by the manufacturers. In virtually every case, the injuries were avoidable. Properly constructing, or providing adequate safety warning instructions could have saved people from harm. Of course simply recalling the commodity in a timely fashion may be enough to prevent more of them.
Did You Know That Recalling Bad Products Limits Liability?
Yes it is true that when a manufacturer recalls a product, it limits how much they have to pay you. So once you are timely notified, car makers will try and resolve the dangers if you bring the product in for updating.
Corporations or companies issue recalls not only to protect consumers. Because once apparent they have manufactured an unsafe product, recalling limits their liability. So it has the effect of encouraging a recall, but makes it harder to find a lawyer if you get injured by a recalled product.
Can Product Defects Lawyers Can Help Sue Everyone Responsible?
When merchandise is unsafe, a consumer may sue everyone in the chain of distribution. So defending parties can include makers, distributors, retail chains, and others. Ehline Law Firm has vast experience as a defective products lawsuit attorney.
Ehline Law Firm Has a Record of Proven Success.
Also, the firm has a significant track record of achievement in recovering big money for consumers.
And many were victims harmed by products:
- Poorly designed
- Badly built
- Improperly labeled
- Recalled goods or stock
Do You Like It When Your Lawyers Are Prompt? So Does Ehline Law Firm
Ehline has achieved nothing short of a miracle. Our staff and associates have won millions of dollars in settlements and verdicts recovered.
Also, they are:
- In the custom and habit of returning phone calls.
So we are famous for keeping our clients in the legal loop. To top it off, we are also:
- Recipients of numerous awards and recognition.
And these awards are from our colleagues and our former clients. Our excellent lawyers hit the ground running. We do so by immediately investigating, locating the flaw(s), and filing the lawsuit.
If a manufacturer is under the gun, or trying to meet the bottom line, it is not uncommon to rush. And the end result is a less than safe product in the marketplace.
Did You Know that in the Past Manufacturers Purposely Let Dangerous Products be Sold On the Markets?
Yes. It's true. In the past, some producers knew or should have known what was delivered to end users was hazardous.
- They Even Got Away With it!
Unbelievable right? But it's true. Although it was troubling, manufacturers escaped liability for many terrible injuries. Sometimes the risks versus benefits were not worth it. So rather than spend a penny for an item to make it safe, an exploding car might get sent to market.
What Are Some Example Of Super Dangerous Products Sold To The Public?
Examples, such as the exploding Ford Pinto come to mind. In that case, for just a few cents per unit, many exploding gas tanks would not have burned. Hence, many killed innocent users and vehicle occupants would have survived.
- BMW Airbag Recall.
Takata's earned quite a poor reputation over the decade. The Japanese airbag maker recalled several models installed in a variety of popular models. This included Toyota and Ford autos several years ago. However, the most recent recall especially affects one time of the high-end car.
According to CBS News, Takata announced a new round of recalls. In this case, it affects over 1.4 million vehicles. Also, the first car affected by the recall is the BMW-3.
According to the info available to the federal government, the situation is dire. The malfunction killed one driver. BMW warned the owner of some of its older vehicles to stop driving them. This severe issue goes back to the 1999 model year. Furthermore, the recall also affects some Audi, Honda, Toyota, and Mitsubishi models manufactured between 1995 and 2000.
According to the recall, the airbag's propellant may deteriorate over time. This causes the bag to expand too quickly. The error causes the airbag not to protect the driver in the event of a crash. According to Audi, some of its 1997-1999 models A4, A6, A8, and TTs are affected. For Mitsubishi, this includes several 1998-2000 Monteros.
⚠️ Recall Alert 1999-2001 BMW 323i, 325i, 328i and 330i and 2000-2001 323Ci, 325Ci, 328Ci, 330Ci, 323iT, and 325iT vehicles Recalled for defective air bag inflatorshttps://t.co/sxw5U0M0RO— NHTSArecalls (@NHTSArecalls) December 4, 2019
For More Information on the BMW Airbag Recall.
If you are concerned that your car is affected by this recall, contact us immediately. This is double for cases where such a malfunction injured you or a loved one. Ehline Law's accident specialists have decades of experience handling such negligence by big auto companies. We will discuss your legal options free of charge, and do not ask for a penny unless we win for you. Contact us using the information below for more info.
The Most Severe Class Of FDA Recall.
Attention LA residents. The FDA issued a Class 1 recall of a popular type of medical pump used by a variety of facilities across several states. In addition, the error includes a pump type that could face future issues or recalls in the future.
The Minneapolis Star Tribune reported on the recent news. A severe software error means that the pumps intended to save lives may instead be a grave risk. This includes the real possibility of injury or death. The pumps are made by Smiths Medical. Over 600 pumps distributed to consumers in three states are affected.
The pumps themselves were sold under the moniker Medfusion 4000 Syringe Pumps with Firmware Version 1.7.0. As a result, this recall includes a variety of different patients. Smiths Medical distributed them to children's hospitals, neonatal intensive care units, as well as operating rooms and adult critical care units.
The pump is supposed to move medications at a constant rate at a low or high dosage. However, the firmware error means that the low battery alarm may not work. This could result in patients not being able to receive the medicine needed. In the case of the most critical drugs, this could result in severe injury or death.
What About Laws Protecting Consumers?
Yes, as a result of the Pinto case and others, legislative enactments were passed. So after that, courts and statutes cracked down on vehicle makers and others.
- They said that manufacturers need to make things reasonably safe. So the idea was that product makers not place profits over people.
In any event, at that point, when poor products severely harm innocent people like you, you can hire lawyer.
What Does a Lawyer Do for You in a Products Case?
Lawyer are almost a necessity in these complex cases. The lawyer will use the tools at their disposal to get the consumer money.
These tools include the:
- Statutes and judge made law.
But the tools will also include the training, knowledge and skill of the lawyer. So we use our substantial prominence in the personal injury legal community. We also use our skill and cunning.
What About Money? Who Pays for all the Experts Needed?
And yes, you sure got that right. These cases are expensive. After all, you are going up against billion dollar corporations. So lawyers have to hire a plethora of specialists and experts on your behalf to counter all the experts the industry will hire to say the product was safe.
But alas, great firms like Ehline Law Firm can advance these costs. This is what is takes to make manufacturers do the right thing. And we want them to take accountability for their goof ups. Our attorneys hate it when people place profits over consumers.
Are All Products Suspect?
Maybe. Our firm has favorably confronted manufacturers of:
- Construction equipment
- Car manufacturers
And this because the designers and builders unsafely designed dangerous products.
So these include things like:
Also, they can be:
- Bad drugs
- Defective medical devices, and their component parts.
Most of all, we have a tested and proven record for taking to task:
And we will do this both in and out of the courthouse.
Furthermore, our services include going after and stopping:
- Lead paint based children’s toys
- Companies selling toxic items.
We don't appreciate with dangerous chemicals in food and other goods. Our staff of seasoned trial attorneys will always go the extra mile.
Furthermore, we stand ready to sue for:
- Faulty aviation components or sub-par compositions. Often these are the culprits responsible for downing an aircraft. And they can also derail a train.
If you are abominably pained or mutilated, or a loved or life partner gets killed, it makes sense to give us a ring. Why not let us discuss your legal options in confidence?
The looming question is always the same. How much can I get for my personal injury? First off, each person, as well as their individual circumstances, are fundamentally one-of-a-kind and unique.
Hence, there is simply no estimable way to compute the total amount your case may be worth in terms of dollars and cents.
- Lost past, present and diminished future earnings;
- Burial and Entombment Ceremony Costs and Fees;
- Ambulance and Gurney Transport Bills and Fees;
- Past, present, future pain and suffering;
- Career and skill retraining costs;
- Nursing Care at Home.
There are many more items or recompense that can be sough upon a showing of proof. Just remember that ethically, no licensed attorney can legally promise you a set pot of gold. There may be nothing at the end of the rainbow. [1. CRPC 1-400 et. seq.]
In any event, Ehline is here to converse and go over the potential methods to mitigate loss and maximize overall value for free, if you just pick up the phone and call us now.
Types of Product Liability.
Product liability negligence claims arise when a person sells a bad item. This is usually someone supplying goods or items.
Some Potential defendants could include:
- Retail outlets
- But it could be some other party.
Who Can Be Negligent in a Products Case?
Anyone negligent is responsible to pay you. But there could be a lot of people liable since many components pass through many hands. So here, defendants can include any part of the supply chain.
What is the Supply Chain?
Someone who introduces a product the stream of commerce is potentially liable since they are all in the supply chain. So any of those examples discussed above could attach liability.
Liability attaches to anyone who printed or pasted on inaccurate labels, or produced parts with defective design or manufacturing flaws.
Are These Cases Multi Tiered?
Yes. These cases have many layers to peel away. Product liability negligence cases are multi-tiered and typically complex cases legally speaking.
- What About the Burden or Proof? Is it Different Than Other Cases?
Yes. This is one thing that makes these cases harder for your lawyer. There is a greatly enhanced burden of proof standard.
So the jurisprudence of these matters is at a different level. A competent advocate needs to be formulaic when looking at evidence.
- What was the selection process used to come up with components?
- How did they come up with the overall design?
Did the Items Cause You Harm?
Getting harmed is not enough to win. The plaintiff must establish that the supplier’s goods caused damage. They must be due to a negligent manufacturing process.
So liability attaches if a defective overall design exists. If not, no go. Same goes if the product lacked proper use instructions and warnings against inconspicuous dangers. [2. California Jury Instructions for Products Liability Cases].
There are also breaches of implied warranty of merchant-ability and fitness for a particular use. And still others for breach of contract, and breach of actual warranty. And typically these get added into a “mixed bag claim.”
Under this theory of recovery, a product is so unreasonably dangerous, or put to market in such a terrible condition, that it is “inherently” defective, the vendor or fabricator is liable without need by suing party to prove fault.
This type of case allows the plaintiff to save an arm and a leg in litigation expenses, since they are arguing damages instead of liability, and then damages. This is because no matter what defendants did to try and make the product safe, it is so dangerous, it can never be safe.
What are Some Common Examples of Strictly Liable Products Suits?
A common example, we have heard about in the news would be:
- Explosives and explosive factories
- Fireworks combusting
- Toxic chemicals, etc.
Less commonly discussed examples of strict liability involve products for traction in wet areas.
- Cruise ship decks and health spas.
- No slip products for residential pool decks. If there is insufficient coefficient of friction, consumers slip and fall. Often times they could suffer serious bodily harm.
Common injuries include:
- Neck and back injuries.
So the structure, spa, etc, may be perfectly fine. But the adjacent flooring gets manufactured in such as way as to make it unfit. So now it is improper for its marketed use.
Thus, it's unreasonably dangerous. Get it?
Other examples include:
- Snapping mini coolers designed for use aboard a limousine. Suppose it snaps on a hand and amputates fingers. The heavy spring snaps back when grabbing refreshments. So now people are on the way to Urgent Care. If you think you have a case like this, it is best to contact Ehline Law. So now you understand the nuances and exception to proceeding on these claims.
How Do I Prove the Item Was Unreasonably Defective or Dangerous?
The burden here is that of an objective, ordinary person.
You must prove to a jury that the:
- Product was far too hazardous for what the user knew or could have known at the time of use. Then you must show it is more likely than not, unreasonably defective or dangerous.
This test gets applied on a case by case basis. So an attorney needs to be leading this type of case. Most of all, you need to avoid your claims being summarily adjudicated by the court before a jury can get it.
The next step in your journey is to get the best products liability attorney. And get someone known as an expert legal champion of consumer rights. Ehline Law is that master of disasters. How do you retain the best?
- The answer is that we are standing by waiting to give you a free legal consultation right now. That's how you do it. You pick up your phone.
Don’t delay in prosecuting your potential case. Memories fade, statutes lapse and case become less valuable as time goes by. Call us now at (213) 596-9642!