Los Angeles Personal Injury Attorney Blog
In California, the manufacturers of defective products are strictly liable for injuries that are caused by the defects to people who use the products in the manner in which they were intended. The state extended strict liability to retailers of products in 1964. However, online retailers, including Amazon, eBay, Etsy, and others, have relied on a loophole to escape strict liability. If passed and enacted, a new assembly bill would erase the loophole and expose online retailers to liability when defective projects that are sold on their platforms by third-party sellers injure consumers.[1]
Proposed legislation to end defective products loophole
California AB 3262 was introduced by Assemblyman Mark Stone (D-Santa Cruz) on Feb. 21, 2020.[2] This law would extend strict liability for defective products to online retailers. Currently, product designers and manufacturers are strictly liable for injuries caused by their products. Brick-and-mortar retailers are also liable when they sell products to consumers that are defective and cause injuries. While laws have been in place to hold retailers accountable when they sell defective products that injure consumers, online retailers, including Amazon, Etsy, and eBay have been able to rely on a loophole to escape liability.
Millions of Americans have been prescribed Zantac or have taken it over-the-counter to treat the symptoms of acid reflux. Californians who have taken Zantac or its generic ranitidine may be at risk of developing cancer. While many people in California have relied on this drug and have assumed it is safe, research has recently demonstrated that Zantac and ranitidine contain a known carcinogen, and the drug itself may interact with other substances to form the carcinogen in the body. The personal injury attorneys at Steven M. Sweat Injury Lawyers APC represent people who have developed cancer because of this dangerous drug.
Many women in California and across the U.S. have received breast implants, including for breast reconstruction after breast cancer. Other women have chosen to get implants to enhance their appearance. Women who have received implants should be able to feel confident that their implants are safe. Unfortunately, however, one of the most popular types of implants, the BIOCELL® Textured Breast Implants and Tissue Expanders, were the subject of a voluntary recall by Allergan on July 24, 2019. Allergan’s voluntary recall was issued after the U.S. Food and Drug Administration issued a safety advisory about the breast implants.
Over the past decade, vaping and e-cigarettes have greatly increased in popularity. This is especially true among young adults and teenagers. While the smoking rates among teenagers have fallen for decades, Juul and other e-cigarette devices are reversing the trend.
If you are a current or former member of the U.S. military who has a hearing loss or who suffers from tinnitus, your condition may have been caused by defective combat earplugs. These earplugs were sold to the government by 3M and are called the Combat Arms Earplugs, Version 2 or CAEv2. In 2018, 3M reached a settlement with the 
Products manufacturers have a duty of care to warn consumers about the potential dangers of their products. They also are not supposed to release unreasonably dangerous products into the market. If a product is defective, is unreasonably dangerous, or has inadequate warnings, the manufacturers may be liable when consumers who have used the products in an intended manner are harmed as a result. In