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Defective Products

Hurt by a Defective Product?

Our San Jose Product Liability Attorney Can Bolster Your Claim

Enacted 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. Were you hurt from an appliance, drug, automobile or other product? If so, 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. Did you use a product as the manufacturer intended? If so, 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. He or she can then 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 should inform you of any potential risks when using the device. Did the seller give you bad advice on how to use a product? If so, 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 you use the product 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. Consequently, 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 company would release a children’s product without properly testing it for potential defects. Nonetheless, a 2017 CPSC report shows that manufacturers pulled over 28 toys from store shelves for dangers 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. These include items 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. This can then result in a serious injury for the user of these products.

Injured Due to a Product Defect? Our San Jose Product Liability Attorney Offers Free Consultations

Do you have a child who has been injured while playing with a toy that was advertised as safe? Has your trust been violated after using the product of a trusted brand, resulting in injury? Product defect claims can be nuanced, involving many entities. For this reason, you need an attorney who has a history of success. For decades, we have helped people throughout Santa Clara County with product defect claims. Our experience and reliable legal strategies can help you financially recover from your losses and bring peace of mind.

We understand it is hard to devote your time and resources to a claim or lawsuit. It is also intimidating to go up against a wholesaler, manufacturer or other entity. Since this is the case, we offer free initial consultations. At no risk to you, we can let you know if we can help bolster your claim. To contact our San Jose product liability lawyer, contact us online or call our firm at 408-650-8955 now.

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