San Jose Product Liability Lawyer

Product Liability Claims We Handle

At Alexander Law Group LLP, our experience, extraordinary resources, and readiness have earned us a national reputation and a national practice representing clients in defective product claims involving a full range of defective product litigation, including:

• Cars, trucks, motorcycles and other vehicles
• Auto parts or components
• Tires
• Brakes
• Toxic chemicals
• Medical devices
• Medications
• Industrial equipment
• Construction materials
• Household products
• Tools
• Sports equipment
• Toys
• Baby and nursery products
• Infant and children’s furniture

We hire some of the best engineering talents in the country. We work with experts who know their field and can explain it to a jury. Our experience in complex reconstruction, design analysis, cost engineering, failure analysis, human factors, and biomechanical engineering helps us provide our clients with outstanding results.

What Is a Defective Product?

A defective product refers to any item or product with a flaw, imperfection, or problem that makes it dangerous, substandard, or unsuitable for its intended use. These defects can arise during a product’s design, manufacturing, or distribution process, and they may not always be immediately obvious to consumers.

Defective products can pose significant risks to consumers and can result in injuries, property damage, or other harmful consequences.

There are generally three main categories of product defects:

Design Defects

These defects occur when a product is inherently dangerous or flawed in its initial design. In defectively designed product cases, even when the product is manufactured and used as intended, it can still pose risks to consumers. Design defects affect all units of a product.

Manufacturing Defects

Manufacturing defects happen during production when an individual product or a small batch of products deviates from the intended design due to manufacturing, materials, or quality control errors. These defects typically affect only a portion of the products.

Marketing Defects (Failure to Warn or Inadequate Instructions)

This type of defect occurs when a product does not come with adequate warnings, instructions, or safety labels to inform consumers about potential risks and proper usage. As a result, consumers may not be aware of the potential dangers associated with the product.

How Common Are Consumer Product-Related Injuries?

Manufacturing companies and distributors have a legal responsibility to ensure the safety of their products. Yet, many do not. This results in preventable injuries and death.

According to the National Safety Council, the number of consumer product-related injuries increased by 6.8 percent and 7.8 percent over the past two years.

Last year alone, defective products:

• Injured approximately 29 million people
• Sent 12.7 million to seek treatment in emergency departments
• Killed over 22,000 people

Most of these incidents involved everyday products often assumed to be safe. Many of the injuries affected more vulnerable populations, including older adults, young children, and infants.

According to the Consumer Product Safety Commission (CPSC), between 200 and300 consumer products are recalled every year due to potential safety hazards. In many cases, the hazard is only discovered after an injury has occurred.

Beyond the physical toll defective products cause, these dangerous products can result in significant economic losses for individuals. The cost of medical treatment, property damage, and lost income due to product-related injuries can be substantial.

Class Actions and Mass Torts

Corporations and big pharma routinely put profits over consumer safety, often causing serious physical, emotional, and financial injuries to consumers. When a large company engages in behavior that results in harm to more than one consumer, the injured parties may consider filing a class action or mass tort claim.

These actions are distinct from each other in terms of how the claim or claims are filed and how the court handles the case or cases.

Product liability cases can take either form or even a combination of both, depending on the specific circumstances of the case and the legal strategies employed by the attorneys representing the plaintiffs.

The goal is to ensure that individuals who have been harmed by a defective product have the opportunity to seek compensation for their losses, whether through a class action, mass tort, or individual lawsuit.

The state and federal laws governing class actions and mass torts are complex, so working with an experienced product liability lawyer is essential. Here’s a closer look at class action lawsuits and mass tort litigation:

Class Action Lawsuits

Class action lawsuits are filed on behalf of a group of people (the class) who have suffered similar injuries or damages due to a defective product.

A class action typically requires the following criteria:

• Commonality: There must be common issues of fact and law among all class members.
• Numerosity: The class must be large enough that individual lawsuits would be impractical.
• Typicality: The claims of the named plaintiff(s) (representative(s) of the class) must be typical of the claims of other class members.
• Adequacy: The class representatives must adequately represent the interests of all class members.

Class actions consolidate similar claims into a single lawsuit, making it more efficient for the court and the parties involved.

Mass Tort Litigation

Mass tort litigation involves multiple plaintiffs (individuals who have suffered harm) filing separate lawsuits against a common defendant or group of defendants. Unlike class actions, each plaintiff in a mass tort maintains their individual lawsuit and seeks compensation separately.

Mass torts are typically used when the injuries or damages suffered by each plaintiff are unique or vary significantly, making it difficult to establish a single set of common issues for all cases.

However, mass torts often involve similar factual issues, and they may be consolidated for pre-trial proceedings to streamline evidence gathering, expert testimony, and other shared aspects of the litigation.

How Can a Lawyer Help With My Product Liability Case?

A lawyer can provide valuable assistance in a product liability case. Here are some ways a product liability lawyer at Alexander Law Group LLP can help you with your claim:

Legal Experience

Product liability lawyers from Alexander Law Group LLP have extensive knowledge of product liability laws, regulations, and legal precedents. They can assess the strength of your case, identify potential legal issues, and determine the appropriate legal theories to pursue.

Investigation

Your lawyer can conduct thorough investigations to gather evidence supporting your case. This may involve obtaining product documents, conducting expert witness interviews, reviewing manufacturing and design records, and collecting medical records or accident reports.

Establishing Liability

Your lawyer will work to establish liability on the part of the manufacturer, distributor, or other parties involved in the product’s production and distribution. This could involve proving that the product had a defect, that the defect caused your injury or damages, and that you were using the product as intended.

Identifying Damages

A product liability lawyer can help you identify and quantify the damages you have suffered due to the defective product. This may include medical bills, lost wages, pain and suffering, property damage, and more.

Negotiation

Lawyers can engage in negotiations with the responsible parties or their insurance companies to reach a settlement that compensates you for your losses. They can use their negotiation skills to advocate for your best interests and achieve a fair resolution.

Filing a Lawsuit

If a settlement cannot be reached, your lawyer can file a lawsuit on your behalf. They will handle all the legal paperwork, court filings, and proceedings, ensuring that your case is properly presented before a judge or jury.

Expert Witnesses

Product liability cases often require the testimony of expert witnesses, such as engineers, medical professionals, or industry experts, to support your claims. Your lawyer can identify and retain qualified experts to testify on your behalf.

Trial Representation

If your case goes to trial, your lawyer will represent you in court. They will present evidence, cross-examine witnesses, make legal arguments, and strive to secure a favorable verdict on your behalf.

Knowledge of Statutes of Limitations

Product liability cases are subject to statutes of limitations, which set a time limit for filing a lawsuit. Lawyers are well-versed in these time limits and can ensure that you meet all legal deadlines.

Contingency Fees

Many product liability lawyers work on a contingency fee basis, meaning they only get paid if you win your case. This arrangement can make legal representation more accessible to individuals who might not have the financial means to pay for an attorney upfront.

Contact the San Jose Product Liability Lawyers at Alexander Law Group LLP Today

The San Jose personal injury lawyers at Alexander Law Group, LLP, have decades of experience handling major product liability cases. We have the resources and knowledge to take on the largest of corporations, even in class action lawsuits. Our firm has helped our clients recover millions of dollars in damages for the pain and suffering they have incurred due to defective products.

If you or a loved one suffered harm from a defective product, contact the product liability lawyers at Alexander Law Group LLP today at 408noswap-289-1776 or through our online form. Let us help you seek justice and compensation for the harm you suffered.

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