Burg and Brock
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Los Angeles defective product lawyer

Defective consumer product cases — auto recalls, household injuries, recreational equipment, electronics — fall under California strict products liability. Greenman v. Yuba Power controls.

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What a defective consumer product case involves

Defective consumer products produce a high-frequency category of injury cases in California — auto recalls, household appliances, electronic devices, recreational equipment, children's products, and tools. The legal framework is identical to general product liability under Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57. The differentiation in this practice is the consumer-product specific expert work, the regulatory overlay (CPSC, NHTSA, FDA depending on product type), and the case-management approach that follows.

On auto recalls, NHTSA-issued recalls become part of the proof in cases where the recalled defect is implicated. The NHTSA recall database documents every recall; we cross-reference VIN and recall history at intake. Recall completion is admissible — a vehicle with an open recall that was implicated in the injury creates a different liability profile than a vehicle whose recall was completed.

On consumer-product recalls, the CPSC recall database documents household and consumer-product recalls. Children's product cases are particularly highly regulated; the Consumer Product Safety Improvement Act of 2008 created stringent testing and certification requirements that became the basis for many subsequent recall and injury cases.

On case categories, recurring patterns include lithium-ion battery fires (e-cigarettes, hoverboards, e-bikes, mobile phones), defective heating equipment (space heaters, electric blankets), defective ladders and recreational equipment, defective car seats and stroller systems, defective kitchen and laundry appliances, and defective electronics with electrical-shock or fire potential.

Burg & Brock has handled catastrophic-injury cases out of the Sherman Oaks headquarters and the regional offices since the firm's founding more than two decades ago. The firm tries cases. Carriers settle differently with firms that have taken comparable cases through trial. Settlement value of an LA County serious-injury case correlates strongly with the demonstrated willingness of plaintiff's counsel to seat a jury.

On infrastructure, the firm has standing relationships with board-certified life-care planners, forensic economists, vocational-rehabilitation experts, biomechanical engineers, accident reconstructionists, and the treating-team physicians at Cedars-Sinai, Ronald Reagan UCLA, Harbor-UCLA, Keck Medical Center of USC, Rancho Los Amigos National Rehabilitation Center, and Casa Colina Hospital and Centers for Healthcare. The expert-witness package is in place at intake.

On compensation structure, Burg & Brock works personal-injury cases on a contingency-fee basis. There is no upfront cost to the client. The fee is a percentage of the recovery, disclosed in the engagement letter. Case costs — expert fees, deposition transcripts, court-filing fees, life-care planner fees, economist fees — are advanced by the firm and reimbursed from the recovery. The consultation is free; a lawyer is available twenty-four hours a day on the (888) 528-8595 line. Spanish-speaking staff at every office.

Your rights under California law

Defective consumer product cases run through the same strict products liability framework as general product liability, with consumer-product-specific regulatory overlay.

Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57. Soule v. General Motors Corp. (1994) 8 Cal.4th 548. Anderson v. Owens-Corning Fiberglas Corp. (1991) 53 Cal.3d 987 — failure to warn.

Howell v. Hamilton Meats & Provisions (2011) 52 Cal.4th 541 — medical-bill admissibility. Pebley v. Santa Clara Organics, LLC (2018) 22 Cal.App.5th 1266 — lien-treatment framework.

How Burg & Brock works your case

Defective-product cases combine product-preservation and CPSC/NHTSA-records discovery with the standard tort workup.

  1. Product preservation. Secure the product for expert analysis. Photograph thoroughly. No destructive testing without protocol.
  2. Recall and prior-incident research. CPSC, NHTSA, FDA databases for recall history. Manufacturer-records discovery for prior similar incidents.
  3. Expert analysis. Mechanical, electrical, materials-science, or biomedical expert depending on product.
  4. Theory selection. Manufacturing defect, design defect, or warning defect. Sometimes multiple theories.
  5. Medical and damages workup. Standard tort framework based on plaintiff injuries.
  6. Demand and litigation. Demand to manufacturer, distributor, retailer. Filing in LA County Superior Court or federal court.

Operational note: many consumer-product cases have class-action or mass-tort potential when the same defect injures multiple consumers. We analyze coordinated-litigation potential at intake.

Common defective consumer product profiles in Los Angeles

Auto-recall-related injuries. Vehicles with open or unresolved recalls implicated in injury — Takata airbag inflators, GM ignition switches, Ford Pinto-era fuel system, recent EV battery thermal events.
Lithium-ion battery fires. E-cigarette, hoverboard, e-bike, mobile-phone battery fires — substantial burn-injury cases.
Defective heating equipment. Space heaters, electric blankets, water heaters with fire or scald potential.
Defective ladders and recreational equipment. Sudden collapse, structural failure under intended use.
Defective car seats and stroller systems. Children's products with substantial CPSC regulatory overlay.
Defective kitchen and laundry appliances. Household appliances with fire, electrical-shock, or mechanical-injury potential.
Defective electronics. Devices with electrical-shock or fire potential.
Defective hand and power tools. Consumer-grade tools with safety-feature failures.
Defective sports and fitness equipment. Treadmills, weight equipment, recreational sports gear.
Defective children's toys. Choking hazards, lead and chemical contamination, sharp-edge or pinch-point defects.

Common causes

  • Manufacturing defects in specific product units.
  • Design defects affecting entire product lines.
  • Inadequate warnings or instructions.
  • Substandard materials or components.
  • Failed quality-control procedures.
  • Failure to recall after knowledge of defect.
  • Inadequate pre-market testing.
  • Substandard packaging contributing to product damage and unsafe condition.

Liability theories

Defective-product liability extends through the chain of distribution. The standard analysis includes:

  • The manufacturer — primary strict liability under Greenman.
  • The distributor — strict liability through the chain.
  • The retailer — strict liability as part of the chain.
  • The component-part manufacturer where applicable.
  • Importers and licensors where manufacturing was overseas but the product was branded by a U.S. company.
  • The seller of a used or refurbished product in narrow circumstances.

Importers and licensors of foreign-manufactured products are increasingly named as defendants when the actual overseas manufacturer is judgment-proof or beyond U.S. jurisdiction.

How damages break down

Economic damages on consumer-product cases follow standard tort framework. Burn injuries from battery fires, falls from defective ladders, electrocutions from defective electrical products — each produces severe-injury patterns reflecting the underlying mechanism.

Non-economic damages cover pain and suffering, disfigurement, loss of enjoyment of life, and loss of consortium.

Punitive damages under Civil Code §3294 in cases where manufacturer-records discovery shows knowing-defect documentation. Suppressed prior-incident reports and delayed recalls are recurring punitive themes in consumer-product cases.

Reported settlement and verdict ranges

Case profileReported rangeDrivers
Consumer-product defect with moderate injury$85,000 – $325,000Manufacturing or design defect, surgical course or moderate medical course.
Battery-fire burn case$425,000 – $1.6 millionBattery defect, burn-injury course, possible class-action coordination.
Defective ladder fall case$285,000 – $950,000Structural failure, fall injuries.
Defective children's product case$185,000 – $1.4 millionStrict CPSC framework, pediatric injury course.
Catastrophic consumer-product case$1.4 million – $8+ millionSevere injury or wrongful-death.

Past results do not guarantee future outcomes. Each case is evaluated on its own facts and applicable law.

Why work with Burg & Brock

Burg & Brock has tried consumer-product strict-liability cases through manufacturer-records discovery and product-defect expert work. Class-action and mass-tort coordination relationships are in place.

Contingency fee. Free consultation.

Steps after a Los Angeles defective product injury

  1. Get medical care first. Document the injury.
  2. Preserve the product. Do not return, repair, or discard.
  3. Save packaging, manuals, receipts. Including warning labels and operating instructions.
  4. Photograph the product and packaging. Including model and serial numbers, manufacturing markings, lot codes.
  5. Check recall databases. CPSC and NHTSA for product recalls. The recall history is part of the proof.
  6. Document the incident. Mechanism of injury, scene, witnesses.
  7. Call a lawyer in the first ninety-six hours. Product preservation and litigation-hold timing matters.

Where these cases are filed

LA County Superior Court — Stanley Mosk Courthouse — for cases in LA County. Federal court under diversity for major manufacturer-defendant cases.

Mass-tort cases sometimes proceed in coordinated-litigation Judicial Council Coordination Proceedings or federal MDLs.

Frequently asked questions

What is the difference between general product liability and a defective consumer product case?
The legal framework is the same — California strict products liability under Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57. The differentiation in practice is the consumer-product specific expert work, the regulatory overlay (CPSC, NHTSA, FDA), and the case-management approach.
What is a CPSC recall?
A recall by the U.S. Consumer Product Safety Commission for a consumer product determined to present a substantial risk of injury. The CPSC recall database is public and searchable. A recall is admissible as evidence of the defect (subject to Evidence Code §352 balancing).
What if my product has an open recall?
A vehicle or product with an open (unresolved) recall implicated in the injury creates a stronger case than a product whose recall has been completed. The recall history is documented through the manufacturer's records and through the public databases.
Can I sue if I bought the product used?
Generally yes against the manufacturer and original distribution chain. The original chain remains liable for defects in the product. The seller of a used product is in a narrower position — strict liability applies in some circumstances but not all.
What about products manufactured overseas?
The U.S. importer or licensor is typically named as a defendant. The overseas manufacturer may also be sued where personal jurisdiction can be established, but importers and licensors are often the practical recovery target.
How long do I have to file?
Two years for personal injury under CCP §335.1. Implied-warranty-based cases have a four-year clock under Commercial Code §2725.
Can I get punitive damages?
Yes in cases where the manufacturer's records show knowing-defect documentation, suppressed incident reports, or delayed recalls.
What if many people have been hurt by the same product?
The case may have class-action or mass-tort potential. We analyze coordinated-litigation potential at intake and coordinate with national counsel where mass-tort treatment is the appropriate mechanism.
What about lithium-ion battery cases?
Battery cases — e-cigarettes, hoverboards, e-bikes, mobile-phone batteries — are an emerging high-volume category. Burn-injury cases are common; product-defect theory is well-developed.
Do I need to keep the product?
Strongly preferred. Product preservation lets experts analyze the defect with certainty. Without the product, the case proceeds on circumstantial evidence and is harder to prosecute.
How long does a defective-product case take?
Twelve to thirty months for typical cases. Mass-tort and complex cases run longer.
How much does Burg & Brock charge?
Nothing up front. Contingency fee.

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Talk to a Burg & Brock attorney today

No fee unless we recover. Free consultation. Seven California offices, including Sherman Oaks (HQ), Glendale, Beverly Hills, Irvine, Bakersfield, Visalia, and Modesto.

Call (888) 528-8595
Burg & Brock office locations: Sherman Oaks (HQ) — 4554 Sherman Oaks Avenue, Unit A100, Sherman Oaks, CA 91403 · Glendale — 633 N. Central Avenue, Suite 200, Glendale, CA 91203 · Beverly Hills — 9701 Wilshire Boulevard, Suite 1000, Beverly Hills, CA 90212 · Irvine — 7545 Irvine Center Drive, Suite 200, Irvine, CA 92618 · Bakersfield — 4900 California Avenue, Tower B, 2nd Floor, Bakersfield, CA 93309 · Visalia — 2300 W Whitendale Avenue, Visalia, CA 93277 · Modesto — 1015 12th Street, Suite 4, Modesto, CA 95354. Phone: (888) 528-8595.