Consumers have the right to have products that are reasonably safe. In California, a manufacturer, distributor, retailer, or other company in the stream of commerce may be strictly liable for injuries caused by a dangerous and defective product. A design defect claim is a specific type of product liability claim typically filed against a product’s […]
Product Liability / Defective Products
Filing a Product Liability Law in California? Be Ready for These Two Affirmative Defenses
All manufacturers have a responsibility to provide reasonably safe products to the public. In California, a manufacturer, distributor, and/or a retailer may be strictly liable for injuries caused by a dangerous and defective product. That being said, it would be a mistake to assume that strict liability means automatic liability. Corporations can defend product liability […]
Anatomy of $79,860,000 Defective Product Verdict
Kuhlmann v. Johnson & Johnson Health Care Systems Inc., Ethicon Endo-Surgery LLC The Public Record at Trial in Alameda County Superior Court This hard-fought victory was led by Nina Shapirshteyn with Richard Alexander of the Alexander Law Group. A victory made sweeter against a zero offer of settlement. Contact Our San Jose Defective Product Liability […]
Advanced Bionics Defective Cochlear Implants: Risk of Nerve Damage in Replacement
On November 6, 2021, Neue Zurcher Zeitung (New Journal of Zurich), the Swiss newspaper of record, reported that clinics in Germany and Switzerland found defects in an astounding 50 percent of cochlear implants manufactured by Advanced Bionics. The expected failure rate for cochlear implants should be less than one percent. The defect in the Advanced […]
Defective Product Proof: Complaints & Other Similar Cases
When a defective product causes personal injuries or death, it is necessary to prove that: the product was in fact dangerous or defective; or the manufacturer had notice of the danger or a defect; and the product was the cause of plaintiff’s injury. (Ault v. International Harvester Co. (1974) 13 Cal.3d 113, 121-122). Evidence of […]
