Have You Been Injured by a Defective Product?
Our San Jose Product Liability Attorney Can Bolster Your ClaimEnacted in 1972, the Consumer Product Safety Act (CPSA) is an umbrella statute that established agencies, issued bans on products and defined standards. However, according to a U.S. Consumer Product Safety Commission (CPSC) report in 2010, there are 12.5 medically attended product-related injuries per 100 people in the United States. This data reveals that despite the legal protections in place, consumers unknowingly deal with dangerous products every year. We believe that manufacturers, business owners and individuals all have a responsibility to construct, manufacture and release safe products. If you have been injured from an appliance, drug, automobile or other product, then our San Jose product liability attorney can help. At the Law Offices of Braid Pezzaglia, we have helped our clients with product liability lawsuits for decades. We believe that no one should have to suffer because of the negligence of a manufacturer, business or other entity. From start to finish, our legal team can guide you through the process and highlight facts that support your claim. Our trusted team of professionals can scrutinize evidence, examine reports and help protect your best interests.
What Are Types of Defective Products?A product defect involves an issue with a manufactured item that poses unreasonable and dangerous risk to the consumer. If you use a product as it is intended by the manufacturer, then there is no reasonable reason for you to become injured. However, if you sustain a personal injury while using a product as intended, then it is recommended that you contact an experienced San Jose product liability attorney. A reliable attorney can investigate the details to help determine if one of the following types of product defects applies to your claim:
- Failure to Warn: When you purchase a product, the seller is expected to inform you of any potential risks when using the device. If the seller of your product gave you bad advice on how to use a product, then he or she may be legally liable due to failing to warn you of the risks.
- Defective Product Design: Unfortunately, even the smallest design flaw can have a long lasting impact on a consumer. On a motor vehicle, for example, design defects can lead to rollovers and other potentially life-threatening situations.
- Manufacturing Process Defect: In some cases, there is no issue with the product’s design and the seller properly informs you of how to use the product. However, a mistake can happen during the manufacturing process that can cause your product to become unreasonably dangerous. In these cases, you can hold the manufacturer of that product responsible for damages.
What Are Common Types of Product Liability Claims?Unfortunately, there are a wide range of products that routinely involve a product or manufacturer defect that lead to product liability claims. In general, these claims occur when a product is used as directed, but a loss occurs. The negligent party could be a product designer, distributor, retailer or other entity. These claims can cover serious injuries and sometimes even involve a wrongful death claim. Ultimately, the details of product liability situations are unique. For this reason, it is in your best interest to contact our San Jose product liability attorney if you have had issues involving:
- Automobile Recalls: According to a report by the National Highway Traffic Safety Administration (NHTSA), there have been over 30.7 million automotive recalls in 2017. A common reason for a vehicle recall often involves defective vehicle parts such as headrests, head/tail lights and seat belts.
- Children’s Products: No one wants to think that a children’s product would be released without being properly tested for potential defects. Nonetheless, a 2017 CPSC report shows that over 28 toys were pulled from store shelves for posing a danger to children.
- Household Products: It is not uncommon for a household product to be dangerous due to a defect. Common defective household items involve products and appliances that can heat up and cause a fire, such as hairdryers and kitchen appliances.
- Faulty Medical Products: People use medical devices for a variety of reasons. It may be to monitor blood pressure, regulate sugar for diabetes or other health concerns. Unfortunately, not every medical product is vetted for safety, which can result in a serious injury for the user of these products.