Defective Product Wrongful Death Claim

As a consumer, you have the right to expect the reasonable safety of the products that you use day-to-day. Unfortunately, many products contain dangerous and even deadly defects that can lead to serious injuries and fatalities. 

No one should ever die due to a defective product. Pursuing justice for the tragic loss of someone you love in this manner may take assistance from a product liability attorney in Los Angeles.

What Is a Product Defect Wrongful Death Claim?

Every year, the U.S. Consumer Product Safety Commission announces thousands of recalls for products that contain dangerous defects. Many of these recalls are attached to incident reports where unsuspecting consumers were injured or killed by the defective product. When a defective item causes a death, surviving family members can most likely file a wrongful death claim.

A “wrongful death” under California Code of Civil Procedures 377.60 is one caused by the neglect or wrongful act of another person or party. In general, if the deceased person would not have passed away were it not for the actions of the defendant, it is known as wrongful death. This tort or wrongdoing can make surviving family members eligible for financial compensation from the at-fault party, including the manufacturer of a defective product.

Common Defective Products That Can Cause Death

The most dangerous defective products include auto parts and vehicles, electronics, household appliances, items and toys made for children, pesticides, pharmaceuticals, and medical devices. Products containing dangerous substances such as asbestos or talc also put consumers at risk of life-threatening health problems.

What Must Be Proven in a Wrongful Death Product Liability Claim?

Most product liability cases involve the rule of strict liability, where a manufacturing company can be held accountable for a dangerous or defective product without requiring the victim to prove negligence (a lack of proper care). Strict liability laws apply to product defect cases to make companies responsible for the safety and quality of their products.

To win a defective product wrongful death claim in California, you typically must provide evidence of the following elements:

• The item contained a manufacturing, design or marketing defect.
• The deceased person used the product as the manufacturer intended.
• The deceased person died as a result of the defective or dangerous product.

If the strict liability law does not apply to your wrongful death claim, you may still be able to hold a manufacturer or distributor responsible on the basis of negligence or a breach of warranty. An experienced wrongful death attorney in Los Angeles can review your specific circumstances to help you understand your family’s legal options.

Types of Financial Compensation Available

If your loved one lost his or her life because of a defective product in Los Angeles, your family may be eligible for financial compensation for several wrongful death damages from the manufacturing company, retailer, distributor or another party. Available damages can include funeral and burial costs, lost inheritance, grief and mental anguish, final medical expenses, out-of-pocket costs, and punitive damages (in rare cases).

When to Contact a Wrongful Death Attorney

It can be difficult to handle a fatal defective product case on your own in Los Angeles. Manufacturing companies are powerful and have many resources to put toward fighting liability for consumer deaths tied to their products. They will always want to protect their profits and reputations. 

The best way to seek justice for your loved one is by hiring a wrongful death attorney near you. An attorney with experience handling product liability cases will be able to investigate the deadly incident and search for evidence. Then, the attorney can go up against one or multiple parties on your family’s behalf. An attorney will know how to optimize your case results so that you and your family can focus on healing. For a free defective product wrongful death case review in Los Angeles, contact Rose, Klein & Marias, LLP today.