Product liability lawyer in Los Angeles: Former Insurance Defense Attorneys
Keep the product and its instructions if you can do so safely. An injury investigation may depend on the item in its condition after the incident.
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At a Glance
- What it is: a claim for an injury caused by a manufacturing defect, unsafe design or inadequate warning.
- Where we help: people injured by consumer or workplace products in Los Angeles County can consult our office.
- Why us: our attorneys' former insurance defense experience informs how we examine disputes about defects and product use.
- Proof: 41 Google reviews give Lederer & Nojima a 4.5-star rating.
- Next step: call (310) 312-1860 before returning, repairing or discarding the item involved in the injury.
Quick Answer
A product liability claim needs proof that a defect or inadequate warning caused injury. California recognizes manufacturing defect, design defect and failure-to-warn theories, with different elements for each. Strict liability can apply without proof that the manufacturer acted negligently, but it does not make a seller responsible for every accident involving a product. The item's condition and the circumstances of use matter.
Product liability lawyer in Los Angeles from Lederer & Nojima is for people who suffered injuries involving a dangerous product and want the cause investigated, so you can pursue a claim based on a defect rather than lose the evidence needed to evaluate one.
A device may stop working after an injury, but a failure alone does not explain why it failed. An engineer may need to examine the damaged part and compare it with the intended design. Instructions may describe a hazard without addressing the risk that caused the harm. We begin with the product, the incident and the available documents before choosing a liability theory.
Design defects concern the product's design. Manufacturing defects concern a departure from the intended design or specifications in the item that reached the user. A failure-to-warn claim concerns required warnings or instructions about a risk. These categories can overlap, but they require different evidence. Labeling a product dangerous is not a substitute for identifying a defect and connecting it to the injury.
Lederer & Nojima represents injured people from its office at 12100 Wilshire Blvd, Suite 480. David Lederer and John Nojima formerly defended insurers. We use that background to examine arguments about misuse, alterations and alternative causes. A consultation allows us to discuss what happened, what remains available for inspection and whether further technical investigation would answer the legal questions.
Former Insurance Defense
David Lederer and John Nojima used to defend insurers. Now they use that knowledge to pressure carriers that try to delay, discount, or deny injury claims.
No Fee Unless We Win
You pay no upfront attorney fee. Our attorney fee comes from the recovery. If we do not recover, there is no attorney fee, and the written agreement explains how case costs are handled.
Free Consultation 24/7
Call any time after an injury. We can protect evidence, deal with insurers, and explain your next move before deadlines pass.
What must an investigation establish about the product?
The product's condition after the incident
Repairs, cleaning and disassembly can change the evidence an expert needs. Keep the item, loose pieces and packaging together when safe. Do not activate a damaged device to test a theory. We discuss inspection arrangements that preserve evidence while protecting people from another injury.
The path from maker to user
Receipts, model numbers and seller records help identify the product and companies involved in its distribution. A brand name alone may not identify the manufacturer of the relevant component. We examine the records before deciding which entities have a factual basis for inclusion in the claim.
Use, changes and warnings
The defense may argue that an alteration, maintenance problem or unexpected use caused the injury. Preserve instructions and describe how you used the product without guessing. The question includes what uses the manufacturer could reasonably foresee and whether a claimed change caused the harm.
What do insurers and manufacturers dispute in a defective product case?
A manufacturer may argue that careful quality control proves there was no defect. Strict liability does not always require proof of negligent conduct, so a record of care does not answer every theory. The claimant still must establish the applicable defect and causation requirements. We look for physical evidence and a reasoned technical explanation rather than relying on the severity of the injury to prove a design problem.
Another dispute concerns what caused the loss. The defense may point to an older product, missing instructions or a user's conduct. Our former insurance defense background helps us identify those questions early in the evaluation. We compare the account of use with the product's condition and medical evidence. We do not assume that a warranty expiration ends an injury claim, or that a warranty creates compensation for every injury involving the item.
What evidence should I keep after an injury involving a product?
- Keep the product and detached components when safe, without repairing, testing or taking them apart; ask counsel about secure storage if the item presents a hazard.
- Save packaging, labels and instruction manuals, including warnings that came with the item instead of relying only on a current online manual.
- Retain receipts, order confirmations and seller information to establish the model, purchase history and route of distribution.
- Preserve photographs or video of the scene and the product's position after the incident, keeping original files and dates rather than edited copies.
- Record witness contact details and your own account of the task, including any changes, maintenance or prior difficulties with the item.
- Collect emergency records and follow-up treatment information so the investigation can compare the alleged mechanism with the documented injuries.
- Keep wage records and expenses related to the injury, together with any recall notice or correspondence from the manufacturer or seller.
What California law applies to product-related injury claims?
California permits strict liability claims for qualifying manufacturing defects, design defects and failures to warn. Each theory has its own elements. A manufacturing defect concerns a departure from intended specifications; design claims use standards appropriate to the product and facts. Warning claims examine the relevant risk and warning duties. Negligence may provide another theory when evidence supports it. The California Courts' products liability complaint form identifies both defect and inadequate-warning allegations and requires a causal connection with injury.
California courts generally apply a two-year period to personal injury lawsuits, including many injury claims involving defective products. Discovery issues and other circumstances may change the calculation, so prompt review matters. A manufacturer's claims process or a pending inspection does not by itself protect a lawsuit deadline. Comparative fault may also affect recovery when the evidence supports fault by the injured person. We examine the specific theory and claimed conduct before advising what those rules mean for your case.
Frequently Asked Questions
Do I need to prove the manufacturer was careless?
Should I send the item back when customer service asks?
Can I have a claim without a recall?
What losses might an injury claim include?
Where is the Lederer & Nojima office?
Our office is at 12100 Wilshire Boulevard, Suite 480, Los Angeles, CA 90025. Call (310) 312-1860 to schedule a free consultation, or see our Google Business Profile for directions and reviews.
Legal references
General information, not legal advice. Primary sources for the rules described on this page:
Related Practice Areas
Lederer & Nojima, LLP
12100 Wilshire Boulevard, Suite 480, Los Angeles, CA 90025
(310) 312-1860
Results may vary. Every case is unique. This page is general information, not legal advice.
Request a free consultation at (310) 312-1860 to discuss the product, your injury and the evidence still available.
Former insurance defense attorneys. No fee unless we win.