Product Liability Lawyer San Jose
It appears that there are more defective products being released on to the market in this day and age. This is somewhat of a surprise considering the technology available to produce safer and more advanced products. It is unfortunate that even though consumers do put their trust in the products they purchase, product liability San Jose cases are on the rise.
According to statistics released by the Judicial Business of the United States Courts, personal injury/product liability claims rose 9% with 61,179 cases in the year 2010. These cases covered a broad spectrum of industries including, personal property damage, airline, marine and motor vehicle to name a few.
A product liability San Jose lawsuit requires some legal basis for the claim. In order for a claim to be successful, one of the following legal theories must be involved:
Design Defects: The product was not safe for its intended use, and even in some cases, for its normal future use. The reason the second condition has been included is that even though some products are safe in and of themselves when used for their intended purpose, when combined or used with another product, the product or situation could become hazardous.
Manufacturing Defects: The product had defective parts, was not manufactured properly, or is unsafe in some way. An example of this could be a child’s vehicle safety seat that was designed properly, however was manufactured in a negligent manner. Perhaps the restraint had a faulty clasp, which resulted in the child being able to get out and thus injured during an auto accident, or be ejected from the seat..
Marketing Defects: All products are required to carry warning labels along with instructions for proper use. Most companies have warning labels that do not even make sense to consumers, but are there due to previous lawsuits. Some examples of warning labels that can seem laughable, but have been placed on products to avoid lawsuits include:
- Label: Do Not put any person in this washer (Heubsch Washing Machine)
- Label: Not to be used for navigation (Hilton Head cocktail napkins)
- Label: Not for human consumption (MDW Outdoor Group’s fox/bobcat urine powder)
Even though consumers may have a laugh at some of these warnings, more and more companies are applying warnings such as these to protect themselves from product liability San Jose lawsuits.
When considering a product liability San Jose case, you need to be aware of which type of lawsuit you wish to pursue. In order to achieve this successfully, it is highly advised to seek the services of an attorney or law firm who specializes in this particular field of law.