As consumers, we know certain goods and products pose risks. While these
risks may be associated with the types of products themselves (such as
power tools) and may be exacerbated when consumers fail to use them properly,
other risks stem from products which are defective and unsafe. This may
mean a product was defectively manufactured using poor quality materials,
or it may mean products were inherently defective from their inception
At Biren Law Group, our Los Angeles personal injury lawyers have decades
of experience fighting for victims in a range of personal injury cases.
Because victims of personal injuries have the right to pursue cases and
compensation following preventable acts, there are times when they can
seek financial recoveries following injuries caused by consumer goods,
industrial equipment, unsafe medications, and products that contain harmful
substances. Our attorneys know
product liability cases can vary widely, and have the resources to help victims better protect
their rights when working to prove how a product was defective.
Product Liability: Design Defects
Product liability cases involving design defects focus on holding manufacturers
accountable for inherently defective and dangerous products that cause
preventable injuries. In these cases, it’s important to focus on
a few key questions in order to establish a design was unsafe and to prove
liability. These questions focus on:
The accident – How did the accident and injury occur? Was the product being used
The defect – Was there a defect, flaw, omission, or some type of error in the
design of a product that made it unsafe? Examples may include fans with
guards too small to prevent fingers or hands from slipping in between
or dressers that are prone to tip-overs. Proving that a product contained
a dangerous design defect is a matter that demands extensive investigation.
In some cases, it may also require testing, accident reconstruction, and
the assistance of experts who have knowledge of the type of product in
question and what constitutes a safe design.
Liability – Was there a foreseeable risk posed by the product? Did the manufacturer
know, or should they have known, about these risks? Was there an economically
feasible, reasonable, and safer alternative design that would still allow
the product to serve its intended purpose?
Questions relating to a manufacturer’s liability are among the most
important issues to address in design defect cases. In particular, victims
will need to prove that safer alternative designs were feasible when the
product was originally designed. To illustrate this, attorneys and courts
may use cost-benefit analysis to estimate costs of a safer alternative
design and compare them to the estimated costs of damage that might result
if the modification is not made (such as injury lawsuits, medical expenses, etc.).
Victims will have strong cases when they are able to prove increased costs
from a safer design would not have had much of an impact on the manufacturer’s
profits. That’s because it helps illustrate how the design flaw
likely arose from negligence, and a result of the manufacturer’s
failure to take reasonable steps in making the product safe for its intended use.
Work with a Legal Team that Has the Experience You Need
Product liability cases can be challenging, especially when manufacturers
work aggressively to protect their brand and bottom line and defend against
claims. By working with attorneys who have a proven track record of success
handling defective product cases, however, you can position yourself to
benefit from the resources, experience, and insight needed to conduct
investigations, work with the necessary experts, and establish the elements
of proving that safer design alternatives were available, and that manufacturers
should be held liable for damages. This includes the economic and non-economic
damages caused by the accident, such as medical bills, lost income, pain
and suffering, and more.
If you or someone you love has suffered an injury as a result of using
a consumer product, or as the result of defective auto parts, industrial
equipment, or heavy machinery, Biren Law Group is available to discuss
how we may be able to help.
Contact us for a FREE consultation.