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The Legal Rights of Consumers Injured by Defective Products

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Defective products cause thousands of injuries every year. From malfunctioning appliances to faulty car parts, these products can pose serious risks to consumers. If you've been injured by a defective product, it's important to understand your legal rights and how to navigate the complex world of product liability claims. In this blog post, we will discuss the basics of product liability, steps you should take if you've been injured, and how a skilled attorney can help protect your rights.

Understanding Product Liability

Product liability refers to the legal responsibility of a manufacturer, distributor, or seller for injuries caused by a defective or dangerous product. In the United States, product liability laws are designed to protect consumers and hold companies accountable for the safety of their products. There are three main types of product liability claims:

  • Negligence: A claim based on negligence occurs when a company fails to exercise reasonable care in the design, manufacturing, or distribution of a product, leading to a consumer's injury.
  • Strict Liability: Under strict liability, a company can be held responsible for a defective product even if they did not act negligently. This means that the injured party only needs to prove that the product was defective and caused their injury, not that the company was at fault.
  • Breach of Warranty: A breach of warranty claim arises when a product fails to meet the promises or guarantees made by the manufacturer or seller, resulting in injury to the consumer.

Each of these types of claims has its own unique challenges and requirements, which is why it's crucial to consult with an experienced product liability attorney if you've been injured by a defective product.

Steps to Take After a Defective Product Injury

If you've been injured by a defective product, it's important to take the following steps to protect your rights and build a strong case:

  1. Seek Medical Attention: Your health should always be your top priority. See a doctor as soon as possible to assess your injuries and receive any necessary treatment.
  2. Preserve the Product: Keep the defective product in its current condition, as it may serve as crucial evidence in your case. Do not attempt to repair or alter the product in any way.
  3. Document Your Injuries: Take photos of your injuries, the defective product, and any damage it caused. Keep a journal detailing your medical appointments, treatments, and any pain or discomfort you experience as a result of your injuries.
  4. Gather Information: Collect any relevant documents, such as receipts, warranties, and instruction manuals for the product. Additionally, gather contact information for any witnesses who may have seen the incident.
  5. Contact an Attorney: Reach out to a knowledgeable product liability attorney as soon as possible to discuss your case and determine the best course of action.

How The Law Offices of Caroline J. Nasseri Can Help

At The Law Offices of Caroline J. Nasseri, we understand the devastating impact that a defective product injury can have on your life. Our experienced team is dedicated to helping injured consumers navigate the complex world of product liability claims and fighting for the compensation they deserve.

With over 25 years of experience in personal injury law, Caroline J. Nasseri has the knowledge and expertise to handle even the most complex product liability cases. We will work tirelessly to investigate your claim, gather evidence, and hold the responsible parties accountable for your injuries. If you or a loved one has been injured by a defective product in San Jose, CA, contact us today for a free consultation and let us help you protect your legal rights.