Product Liability & Defective Products Attorney
Serving Orange County, Los Angeles, Riverside and San Diego
Law Offices of Kenneth G. Marks in Orange County, CA
One day Kenneth G. Marks received a telephone call from another lawyer who was referred a case that was too complex for him to handle. There was a fire in a home in Azusa. People were burned. They needed help. The culprit were some “bug bombs” which had been discontinued and that were ignited by a pilot light which the label said was safe to leave lit. Mr. Marks pursued the case for 3 burned victims. The law was stacked against him. He found a whistleblower in the EPA to help him. The eventual result was a 7.3 million dollar settlement.
We live in a complex world in which we expect the products we purchase and use to be designed and manufactured in such a manner that they are safe for our use. We also expect that the sellers and manufacturers of products will give us reasonable warnings of dangerous propensities of their products. In that case, the warning said “Extinguish open flames, except pilot lights.” It was an EPA approved label. Mr. Marks won the case anyway.
Here are three ways a product may be found to be dangerous:
- A design flaw or defect exists when the product was designed with a defect that makes the entire line dangerous even if the manufacturing and assembly was flawless.
- A manufacturing flaw or defect exists when a safely designed product becomes dangerous because the manufacturer failed to make the product in accordance with the plans and specifications.
- Inadequate warnings or instructions are not complete and do not give clear directions for use of the product.
In some case, you may not necessarily have to prove that the manufacturer was "negligent." Product liability claims, often called "strict products liability" can be established if you are able to prove three things:
- The product was defective.
- The defect existed prior to the manufacturer releasing the product.
- The defect caused your damages.
Kenneth G. Marks has experience in representing individuals who have been seriously injured or killed as the result of defective products. If you have suffered injuries due to a defective product you may be able to file a claim against the manufacturer to recover damages. Contact Kenneth G. Marks today for a free initial consultation directly with Mr. Marks to learn more about your rights. He will take his time with you because he CARES.