Top-Rated Legal Services You Can Trust
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.
You can reach us at any time of the day, seven days a week. Call now to see if you have a case! 855-906-3699
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. Manufacturing defects are common, in which the product itself is not inherently flawed, simply a select distribution of the product is. Design defects are far more expansive, in that they affect everyone who has used or purchased the product — something needs to be changed about the product itself in order to ensure safety. A lack of warnings or safety labels can also be a part of product liability, in which a product is safe if used as intended but causes injury or harm if handled improperly.
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.
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!
