As a consumer, you trust that the products you purchase are safe for their intended use. When manufacturers, designers, or sellers violate this duty, devastation follows.
Dangerous and defective products cause thousands of deaths and hundreds of thousands of injuries every year in the U.S., according to federal regulators.
If a dangerous product has seriously injured you or a loved one, you need an experienced San Jose product liability lawyer who knows how to hold manufacturers, distributors, and vendors accountable for dangerous and defective products.
Wilshire Law Firm has a proven record of success holding negligent parties accountable in product liability cases in San Jose and throughout California, and securing the compensation our clients deserve.
San Jose Product Liability Guide
Understanding Product Liability Law in California
Consumer protection laws are a state matter, and California has some of the strictest product liability laws in the U.S. Federal law mandates that every state have laws allowing consumers to sue manufacturers and other potentially liable parties for injuries or death caused by dangerous products.
Product liability claims in California fall under three main categories: strict liability, negligence, and breach of warranty.
Strict liability
In California, strict liability means that consumers can sue the manufacturer, distributor, or retailer for injuries caused by a defective product, even if those parties weren’t aware of a defect or other danger or if they were careful and tried their best to make the product safe. Strict liability covers three main types of defects:
- Manufacturing defects: Flawed or improperly manufactured products.
- Design defects: Products whose design makes them inherently dangerous.
- Failure to warn: A product that lacks clear warnings or instructions about potential dangers
Negligence
When a manufacturer, designer, or seller fails to take reasonable care in making, designing, or selling a product that product harms consumers.
To prove negligence, a product liability lawyer must show that the defendant had a responsibility to make a safe product, failed in that duty, and the product caused the plaintiff’s damages.
Breach of Warranty
Injured users may bring legal action for their related losses when a product fails to meet the manufacturer’s promises about quality, safety, or performance. Product warranties include express (specific and stated) or implied (not written or explicitly spoken but reasonably understood).
On the other hand, consumers must follow the manufacturer’s instructions for use and heed any warnings. Failing to do so can mean you lose your right to sue for injuries. Manufacturers must include warning labels on products they know present a danger, including dangers that exist even with proper use and dangers that aren’t obvious to consumers.
You may have a product liability claim if you or a family member suffered injuries because a product malfunctioned or didn’t perform as expected. Contact Wilshire Law Firm today for a free consultation with an experienced San Jose product liability lawyer.
Types of Product Liability Cases
Product liability cases encompass a vast range of defective and dangerous products that can cause serious harm or death.
The vehicles we drive, the medicines we take, the toys our children play with, and the appliances we use in our homes are just some of the products that can turn everyday life into a life-altering nightmare when they malfunction because of a defect or design flaw.
Some of the most common types of product liability cases involve:
Defective Automobiles and Auto Parts
Defective automobiles and auto parts: Malfunctioning vehicle components can lead to catastrophic accidents, severe injuries, and even death. The National Highway Traffic Safety Administration (NHTSA) estimates that automotive defects cause about 2% of all auto accidents.
Some of the auto parts linked to serious car accidents and product liability lawsuits include:
- Brakes
- Tires
- Airbags
- Seatbelts
- Ignition systems
- Steering systems
- Seat backs
- Fuel systems
- Wiring systems
- Accelerator pedals
- Transmissions
Pharmaceutical Drugs and Medical Devices
Improperly tested drugs, defective implants, and faulty medical equipment can cause severe side effects, injuries, and even death. U.S. Food and Drug Administration records show that medical devices alone injured more than 1.7 million people and caused nearly 83,000 deaths in a recent 10-year period.
Prescription drugs killed 244,408 people and injured 657,915 others in a recent nine-year period, according to the FDA’s adverse drug events (ADE) reports. Those numbers represent known and reported deaths only.
Toxic Substances and Chemicals
Every day, we come into contact with countless products that make our lives easier, from the cookware in our kitchens to the cleaning supplies under our sinks. However, some of these products contain toxic substances that can lead to devastating illnesses, long-term health problems, and even death.
Manufacturers must ensure their products conform to all applicable safety regulations. All too often, however, they fail to warn consumers about potential risks or keep known dangerous substances in their products.
Some of dangerous substances that have resulted in major litigation include:
- Asbestos
- Roundup (glyphosate)
- Talcum powder
- PFAS, PFOS (per- and polyfluoroalkyl substances)
- Lead
- Benzene
- Paraquat
Defective Consumer Products
From exploding pressure cookers and malfunctioning space heaters to collapsing furniture and choking hazards in children’s toys, defectively designed or manufactured everyday products can pose serious risks.
According to the Consumer Product Safety Commission (CPSC), the product types that frequently cause accidental injury and death are:
- Child nursery equipment and supplies
- Toys
- Sports and recreational equipment
- Personal use items
- Packaging and containers for household products
- Yard and garden equipment
- Home workshop tools and attachments
- Home maintenance products
- General household appliances
- Space heating devices
- Housewares
- Home furnishings and fixtures
- Home structures and construction materials
Defective Industrial Machinery and Equipment
Every year, machinery and equipment defects and malfunctions in the workplace cause catastrophic injuries and claim workers’ lives. According to the Bureau of Labor Statistics, 1,153 workers died in the U.S. due to contact with objects and equipment in just one year.
Malfunctioning industrial machinery and equipment can lead to amputations, crushed limbs, severe burns, and fatal injuries.
Some of the most common types of defective industrial machinery and equipment that have maimed or killed workers include:
- Forklifts
- Conveyor belts
- Power presses
- Cranes and hoists
- Scaffolding
- Grinders and saws
- Welding equipment
- Excavators and bulldozers
- Industrial robots
If a defective product or toxic substance harmed you or a loved one, don’t delay seeking help from an experienced and results-driven San Jose product liability attorney. Call Wilshire Law Firm today for a free case evaluation. We are ready to fight for the compensation you and your family deserve.
The Role of a Product Liability Attorney in San Jose
When a defective product has injured you, navigating the legal system and standing up to powerful manufacturers and insurance companies can be daunting, especially if you are suffering from injuries or the tragic loss of a family member.
Our San Jose product liability attorneys will always give you the focused and personal attention you deserve. We will be your advocate, guide, and champion from the beginning to the very end and beyond. You can always call on us for help and direction.
Despite our assurances, you may still wonder what to expect when you make that first phone call to Wilshire Law Firm.
Here’s what we offer:
- Free initial consultation: Contact Wilshire Law Firm for your free initial consultation with one of our San Jose product liability lawyers. During this meeting, we will discuss the details of your case. We always provide an honest evaluation of your legal options.
- Comprehensive case investigation: Assuming your case is viable, your San Jose product liability attorney will launch a thorough investigation. They will gather evidence, interview witnesses, and consult with experts to build a strong foundation for your claim. We will also handle all communications with the insurance companies, defendants, and other parties involved in your case.
- Calculate your damages: We will work with you to calculate the full extent of your damages. Your lawyer will consider medical expenses, lost wages, pain and suffering, and any long-term impacts on your health and well-being. We use this information to determine the full and fair value of your claim and then fight for the maximum compensation possible from all liable parties.
- Settlement negotiations: Once we’ve assembled your claim, we will negotiate with the responsible parties. Your San Jose product liability lawyer will fight to secure a fair settlement that covers your losses and help you receive the resources you need to move forward with your life.
- Go to trial, if necessary: If the other parties are unwilling to settle your case fairly, Wilshire Law Firm will take your case to trial. Our skilled San Jose product liability attorneys are prepared to argue your case before a judge or jury. We have a proven track record of success in product liability litigation, and we are committed to pursuing justice on your behalf.
Our San Jose product liability team will be your ally and advocate from day one, working to maximize your compensation and providing the support you need to recover from your injuries and move forward with your life.
With Wilshire Law Firm backing your claim, you can focus on your health and well-being while your lawyer handles all of the legal heavy lifting.
How a San Jose Product Liability Lawyer Maximizes Your Compensation
When a defective product turns your life upside down, you may face a mountain of expenses and other burdens, from medical bills and lost wages to the intangible costs of pain and suffering. As the survivor of another party’s negligence, you can seek compensation for your hardships and losses.
Wilshire Law Firm will fight to maximize your compensation, identifying every potential source of compensation and holding each responsible party fully accountable. In our consultations, we will work to measure all the damages you’ve suffered, put a dollar value on your injuries and needs, and fight for everything you deserve.
Damages that you may seek in a product liability claim include:
Economic Damages
Economic damages are the quantifiable financial losses you incur due to your injuries.
These damages can include:
- Medical expenses: The product liability lawyers in our San Jose office will seek compensation for all medical costs related to your injury, including hospital bills, surgery, medication, rehabilitation, and any ongoing or future medical needs.
- Lost income: If your injuries have forced you to miss work or reduce your hours, your attorney will fight to recover your lost income, plus any future earning capacity lost due to disability or limitations caused by the defective product.
- Property damage: If the defective product damaged or destroyed your property, your lawyer will seek reimbursement for repair or replacement costs.
Non-Economic Damages
Non-economic damages are the intangible losses you suffer due to your injuries. These damages can be more difficult to quantify, but they are no less real and significant.
Non-economic damages can include:
- Pain and suffering: We will seek compensation for the physical pain, emotional anguish, and mental suffering you have endured because of your injuries. While unseen, these injuries can be just as bad as physical injuries and often worse.
- Loss of enjoyment of life: When your injuries prevent you from participating in activities you once enjoyed or diminish your quality of life, your lawyer will fight for compensation for these losses.
- Loss of consortium: If your injuries have impacted your relationship with your spouse, your attorney may seek damages for loss of companionship, affection, and intimacy.
Punitive Damages
In some cases, the court may award punitive damages to punish the responsible party for particularly negligent or reckless conduct.
Punitive damages go beyond compensating the victim for their losses. Instead, these damages punish the defendant for their bad behavior and deter others from engaging in similar conduct.
Wrongful Death Damages
If a defective product has claimed the life of a loved one, you may recover wrongful death damages.
These damages can include:
- Funeral and burial expenses
- Medical expenses incurred before death
- Lost income and financial support
- Loss of love, companionship, and guidance
A compassionate San Jose product liability attorney will guide you through the process of seeking wrongful death damages, ensuring that your family receives the compensation and support you need during this difficult time.
Get Justice, Get Paid
Wilshire Law Firm’s skilled San Jose product liability lawyers have the knowledge, experience, and resources to take on even the most complex cases.
When you hire us, you get:
- Experienced and skilled attorneys: Our team of trial lawyers has decades of combined experience handling complex product liability cases and a deep understanding of the legal strategies needed to succeed.
- Proven record of success: We have a record of securing significant settlements and verdicts for our clients, including multi-million dollar awards in product liability cases.
- Personalized attention and client-focused approach: We treat each client as an individual, taking the time to understand their unique needs and goals and tailoring our approach to their specific case.
- Compassion and commitment: We understand the physical, emotional, and financial toll that a product liability injury can take, and we are committed to providing compassionate support and tireless advocacy for our clients.
- We won’t back down until justice is served: Our attorneys relentlessly pursue justice for our clients, and we won’t hesitate to take on big corporations and insurance companies to ensure you receive the compensation you deserve.
- No fees unless we win your case: We work on a contingency fee basis, so you pay nothing upfront and we only collect a fee if we secure compensation for you.
Call the Product Liability Lawyers at Wilshire Law Firm today
We can’t heal your physical pain and emotional trauma, nor can we ease the grief of losing a loved one, but we can lift some of your heavy burdens and hardships so you have more time and energy to recover.
Call us today at (408) 560-4642 or contact us online to arrange a free consultation with one of our committed and compassionate San Jose personal injury lawyers.
Wilshire Law Firm – San Jose Office
4340 Stevens Creek Blvd UNIT 287
San Jose, CA 95129
Ph: (408) 560-4642
