Injured by a Defective Product?
A Product Liability Attorney in San Jose Is Here to Answer Your Questions
We inherently trust the manufacturers of products that we use on a daily basis. When using one of these products results in an injury, we may choose to hold the manufacturer accountable. A product liability attorney in San Jose can help you file a claim against the negligent party. Here are some of the most commonly asked questions about defective products:
Do I Need an Attorney to File a Claim?
We highly recommend contacting an experienced attorney before filing a defective product claim. While the legal system can be navigated without an attorney, it rarely should be. Contact a product liability lawyer in San Jose as soon as you are injured for the most successful legal results.
How Can I Prove a Product Is Defective?
Before a product is brought to market, companies often invest in extensive research through scientists, engineers and builders. This process helps ensure the product is safe and works as designed. The same process is required to prove a product is defective. You will need expert testimony to help build your case.
What If I Do Not Have the Product Anymore?
Building a case is always easier if you still have the product in question, especially if the incident was isolated. Still, it is possible to win a defective product claim without the product, assuming you have an experienced attorney on your side.
How Long Do I Have to File a Claim?
In California, if you miss an important filing deadline, then you may have a difficult time recovering compensation from the defendant. However, there are certain circumstances that could potentially affect when the statute of limitations for your claim runs out. You should consider consulting with an attorney to ensure that you have the correct information.
Can I File a Claim If a Product Was Mislabeled or Marketed Incorrectly?
Yes. Insufficient product labeling, vague instructions or missing warnings are all considered “marketing defects” and may be worth compensation in a court of law.
What Are Some Common Product Defects?
Common product defects include:
- Design defects. Design defects are often found over time, as the product begins to suffer from wear-and-tear.
- Manufacturing defects. Manufacturing defects can be the most dangerous, frequently resulting in severe injuries.
- Marketing defects. Marketing defects are typically focused on a flaw in the wording, advertisement or label of a product.
All three of these defects could lead to a successful defective product lawsuit.
What Should I Do With a Defective Product?
Keep the product safe and protected. You may need to use it as evidence in court. A San Jose product liability law firm can help you preserve any relevant evidence.
What Is Strict Liability?
Strict liability is when a manufacturer is deemed responsible in a product liability case, even when that manufacturer has taken the necessary measures to protect consumers. However, you must still prove that the manufacturer was responsible for your injury. Hiring a San Jose product liability lawyer should remain a high priority.
How Much Money Can I Expect to Win?
Defective product lawsuits have been known to reach millions of dollars in awarded damages, particularly when products are linked to diseases or wrongful death. However, the financial compensation for each case depends on the facts. Attorney Braid Pezzaglia can help you accurately assess the amount of damages you should expect to receive.
Is There a Federal Defect Law?
No. There is no blanket federal law that covers defect claims in California, although there are guidelines that require compliance.
Contact an Experienced Product Liability Attorney in San Jose
Have you or a loved one been injured by a defective product? The time has come to fight for the compensation you deserve. Contact an experienced San Jose product liability lawyer at the Law Offices of Braid Pezzaglia by calling (408)-752-5834 or by filling out an online contact form.