Santa Clara Defective Products Lawyers CA

When is a Product Considered Defective?

A product is considered defective if it poses a danger of physical harm to the user without adequate instructions or warnings. Products can be considered defective if there were errors in their manufacturing, have design defects, or lack proper warnings or instructions.

There are three types of product defects that may result in liability for the parties involved in manufacturing and selling the product. These types of defects can better be understood by looking at how and when a product can be considered defective.

• Faulty design. The product is inherently unsafe because of its defective design.
• Manufacturing defect. An error occurred during the manufacturing process that caused the product to become defective.
• Faulty warnings. The product had inadequate warnings and instructions for using the product safely.

To have a valid claim against the product manufacturer or seller of the product that caused physical injuries to you or a loved one, you must be able to prove either of these three product defects.

Most Common Defective Products

There are many different types of defective products on the market, but some of the most common defective products are:

Home Products

Overheating refrigerators, faulty medical devices, and gas heaters that cause fires are all examples of defective home products that can lead to extensive property damage and catastrophic injuries.

Child Care Products

Some common household items that can be dangerous for children include child seats that are not properly installed, mattresses or bedding made from toxic chemicals or materials, unstable cradles, and dangerous chemical compounds on rattles, bottles, and teething rings.

Defective Vehicles

Defective car components such as faulty steering mechanisms, wiring, latches, ignitions, and airbags may cause dangerous motor vehicle accidents that can potentially injure motorists or other individuals on the road.

Medicines

Defective medications can cause serious and potentially life-threatening conditions, such as strokes, clots, kidney and liver failure, and internal bleeding. If you have been a victim of defective medications or pharmaceutical drugs, you must contact our team of defective drugs lawyers at Farahi Law Firm to ensure you recover the monetary compensation you need and deserve.

Sporting Products

Some sports equipment does not meet safety regulations. Bicycles with faulty designs, snorkel masks that break underwater, or helmets made from flimsy material can cause users to sustain bodily injuries.

Personal Care Products

Many personal care products have been known to cause conditions ranging from skin rashes and chemical burns. These products include deodorants, hair dyes, tampons, perfumes, and hair spray. Some cosmetics have been linked to cancer cases.

Toys

Every year, many children sustain injuries after swallowing small parts from toys, being exposed to toxic chemicals, using sharp toys that cut them, or playing with magnets that end up causing internal damage.

Certain Exceptions

Some products are inherently dangerous, and it can be difficult to establish who is liable when something goes wrong. An experienced attorney may be able to prove who is at fault. Some examples of these dangerous products are:

• Knives
• Guns
• Pesticides
• Cutting tools
• Herbicides
• Wires

Adding Weight to Your Product Liability Claim

It can be complicated to take legal action against a product manufacturer for selling defective products. Your claim must be based on strict liability, negligence, or breach of warranty.

Here are some ways to better validate your claim:

• Negligence – To prove that the manufacturer was negligent, the plaintiff must prove that they breached their duty of care to provide adequate protection when using their product, which resulted in harm, injury, or death.
• Strict liability – When a company is held responsible for the actions of its employees, this is called command responsibility. For example, if a store sells products that are defective and someone is injured as a result, the store can be held liable even if it didn’t directly cause the defect.
• Breach of Warranty – A product warranty is a guarantee that a particular product will work in a certain way or up to a certain standard. If a product does not do what it is supposed to do according to its warranty, then the company has not kept its promise.

Which Parties Can Be Held Liable?

Your product liability lawyer will advise you on which parties to pursue, depending on the nature of your case. You may choose to go after one, several, or all of the parties involved.

• The product manufacturer;
• A manufacturer of component parts;
• A party that assembles or installs the product;
• The wholesaler; and
• The retail store that sold the product to the consumer failed to warn about the product liability claims to the injured party beforehand

You could file a claim against more than one party who is at fault for the defective product. This means you could file a claim for damages against the retail store, the wholesaler, and the product manufacturer at the same time. Any party in the manufacturing process can be held accountable, depending on the nature of your case.

Common Injuries Sustained From Defective Products

Sustaining injuries from a defective product can have a serious and long-lasting impact on your life. It is important to be aware of the different types of injuries that can occur as a result of using a defective product. In order to build a strong legal case and ensure you receive the right medical treatment. Common injuries associated with defective products include:

• Internal injuries – Organ damage is a common injury that may be caused by defective drugs. Internal injuries can also occur from bumps or jolts due to faulty or poorly manufactured products.
• Broken bones – If a product breaks while you’re using it, it can cause serious injuries like broken bones. Poorly made chairs or stools can cause falls and fractures.
• Burn injuries – Burns caused by defective home products are very common. This can happen when appliances have faulty wiring, like blow dryers or toasters.
• Choking – Children are curious by nature, and will often put things in their mouths. Choking can occur when small parts from toys break off or detach, and young children ingest them. Choking in young children can be dangerous, especially if not noticed in time, as this can lead to asphyxiation.
• Traumatic brain injury – If vehicles are not manufactured correctly, this can result in accidents that lead to injuries. Even if the accident victim was wearing a helmet, if it was defectively made, it could still lead to an accident injury. An auto accident due to faulty manufacturing could also lead to neck injuries.

What Compensation Can Be Recovered from a Product Liability Claim?

Product defects can cause a variety of injuries that may require extensive and expensive medical treatment, such as physical therapy.

You may be eligible for financial compensation if you have been involved in an accident. This could include damages such as:

• Medical bills
• Future medical expenses
• Property damage
• Loss of income
• Loss of earning capacity
• Pain and suffering
• Loss of enjoyment
• Loss of consortium
• Other financial damages
• And more

As a victim of a personal injury, you have the legal right to file a claim against the party or parties who were at fault for your injuries. If a loved one dies as a result of injuries caused by a defective product, their family may file a wrongful death claim to receive financial compensation for their loved one’s injuries and losses.

During this difficult time, you must have a personal injury attorney by your side to ensure that your rights are protected from insurance companies that may wish to trick you into lowering the value of your claim.

Our Santa Clara Defective Products Lawyers Can Help

We understand that being injured by a defective product can lead to emotional trauma and mounting out-of-pocket expenses. The Santa Clara defective product lawyers at Farahi Law Firm have years of legal experience to help you with your case.

It is in your best interest to obtain legal representation from a defective product attorney as soon as possible to take legal action against those responsible. Our personal injury lawyers will fight tooth and nail to ensure you receive fair compensation for your injuries and damages.

We are dedicated to winning. We have recovered millions of dollars for hundreds of clients. Our dedicated team works on a contingency fee basis and offers our clients a No Fee Guarantee policy. This means you won’t need to pay us a single cent unless we win your case. Contact us at (408) 715-3296 for a free case consultation.