The Dangers of Defective Products and Consumer Injuries
Focusing on your rights when you are the victim of a defective product
As a consumer, you have the right to expect that when you buy a product, it will work as advertised. This expectation covers virtually everything from a small appliance such as a hairdryer or a toaster to a lawn mower, a washer or dryer, a car or thousands of other products for sale to the American public.
In the vast majority of cases, products do work as they are supposed to. But at other times a product will fall short due to some kind of defect, creating a scenario where you might be injured or experience a loss.
From our experience as attorneys who handle defective products and product liability cases, we have been able to win damages for our clients by proving a product is dangerous beyond what might be considered an acceptable standard.
To do this, we focus on three possible ways that a product may be defective:
Design defect. When a manufacturer creates a product that is substandard from the outset, a design flaw can create a danger for people who buy the product. By way of a recent example, cell phones with defective batteries that explode and catch fire indicate that a design flaw is probably the culprit.
Manufacturing defect. In some cases, a product may look good on the drawing board and is designed well, but its production is executed poorly at the factory. This could be the result of using substandard raw materials or poor quality control measures. In recent years, some car manufacturers have been the targets of lawsuits because they have installed substandard airbags, causing severe injuries and deaths.
Marketing defect. If a product is designed and built well but is then sold under false or misleading pretenses about performance or how it should be used, then a consumer may be put at risk by using it the wrong way. A prominent example of this is how medical devices or prescription drugs are administered and used. We have all seen television commercials touting class action lawsuits from these kinds of products for many years now.
If a product defect is widespread, then we can certainly explore the various aspects of a class action suit. On the other hand, we can consult with individuals on a more personal level to see if the basis exists for filing a product liability action lawsuit.
Michael P. Rubin & Associates serves clients in Tarzana, Reseda, Sherman Oaks, Encino, Studio City, Woodland Hills, West Hills, North Hollywood, Glendale, Burbank and surrounding California communities.