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 attorney
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 […]
The Supreme Court Must Answer to Voters
The impending reversal of Roe v. Wade will demolish the revered role of the Supreme Court as simply interpreting the Constitution. Citizens United, a classic example of creating a decision that insulates the dark money of the ruling class from public accountability and enables despotic interests to gain power, is held in contempt by many. […]
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 […]
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 […]