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As a consumer, you expect any products you purchase to be safe for use. Unfortunately, this isn’t always the case. When a product causes one or more consumers harm, there may be a chance of litigation in what is known as a product liability case — of which our San Jose product liability attorneys of BD&J have a wealth of experience. We will thoroughly investigate the details of your case to ensure the right party is held accountable for what you have endured, whether it be the manufacturer, designer, distributor, or the company the product belongs to itself.
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The Three Types of Product Defects
There are a number of instances in which a product may be too dangerous or harmful for public use, including manufacturing or design defects as well as a lack of warnings or instructions.
There are three main types of product defects that commonly lead to claims:
- Manufacturing defects: These issues arise during the product’s construction or assembly. It may deviate from its intended design, making it dangerous to users. For example, a kitchen appliance with faulty wiring that leads to fires would be considered a manufacturing defect.
- Design defects: Even if a product is manufactured correctly, it can still be dangerous due to inherent flaws in its design. The product liability lawyers at BD&J in San Jose can help you pursue a claim against a manufacturer if, for example, a tool is designed in a way that makes it unsafe to use or increases the likelihood of injury.
- Marketing defects: These are sometimes known as “failure to warn.” These defects occur when a company doesn’t provide adequate instructions or warnings about a product’s risks. This could include improper labeling, insufficient safety instructions, or misleading claims about a product’s safety.
Who Is Held Liable for Product Defects?
Multiple parties can be held accountable in certain cases. This can include the manufacturer, distributor, or even the retailer. Where liability lies often depends on the specifics of the case, such as the type of defect involved.
Damages Under Legal Liability
There are three ways that California law permits a victim injured by a product to recoup damages: strict liability, negligence, and breach of warranty.
Strict Liability
Strict liability applies when the product harms the user and there was a defect at the time of sale. If the product is dangerous but caused no harm, strict liability is not applicable. The product should also have been used as intended.
Negligence
Negligence also applies only when the product harms the user. There must have been negligence involved on the seller, supplier, or manufacturer’s side that caused the harm.
Breach of Warranty
This applies for both express and implied warranties. If the product does not live up to the warranty’s promises, you may have a claim for damages.
What Types of Damages Can You Recover?
Injured victims may be able to recover compensation for a variety of damages, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Long-term rehabilitation costs
Contact Our San Jose Product Liability Lawyers Today
If you or a loved one has been injured at the hands of a faulty or dangerous product, now is the time to enlist the legal counsel, care, and representation of the trusted legal team in San Jose at BD&J. No matter the complexities of your particular injury claim, we want to help. Allow us to be here for you in your time of need today!
