Advances in technology have led to the creation of diverse medical devices that can ease pain, renew activity and give patients a new lease on life. Everyday millions of individuals receive implanted medical devices, from breast implants, to heart defibrillators and pacemakers, hip replacements, and transvaginal mesh, etc. Patients receive these devices with the reasonable expectation that they are safe and effective. Unfortunately, many times they receive defective medical devices that cause serious injuries. The personal injury lawyers at Brown & Gessell has successfully represented clients who have suffered the live-altering effects of product defects. The manufacturers and sellers of defective medical devices have the backing of big money and large firms; you need to ensure that you are represented by a firm that will stand up to this barrage of resources and fight back. If you or a member of your family has been injured by a defective product, the Law Offices of Brown & Gessell will protect you and your family. There are time limits on filing law suits. If you do not take action, you can lose the right to bring a case against the manufacturer, seller, distributor or designer. Do not delay.
- Who Is Responsible For The Defective Products?
- What Is Strict Product Liability?
- What Is Breach of Warranty?
- What Is Negligence?
- What Is a Design Defect?
- What Is a Manufacturing Defect?
- When Is a Product Defective Because There Was No Warning?
- Where does Brown & Gessell Represent Clients in Product Defect Cases?
- How Do I Begin?
- What Types of Product Defects Are There?
- Injured By a Defective Product? Talk To and Attorney now?
- Why choose Brown & Gessell to represent you in the San Joaquin Valley?
The attorneys at Brown & Gessell have the answers to these questions and have the expertise to make sure you are treated fairly after a defective product harms you or a loved one. The attorneys have handled numerous product defect cases that have resulted in significant settlements. It is likely that the corporation that produced the defective product, or the company that sold or distributed the product, that injured you or a family member, will have a team of attorneys representing its interests. It is important that you have someone on your side who is looking out for you and your family. Call us now at (209) 430-5480.
Answers to Frequently Asked Questions
Who Is Responsible For The Defective Products
There are three different legal methods of holding product designers, manufacturers and suppliers or distributers responsible for defective products when they injure. They can be negligent, they can fail to live up to a warranty or promise of the product, and they can be strictly liable. It is our job to apply the right legal strategy to ensure that the costs and harms of a product defect are born by those who bring such a product to you as a consumer.
What Is Strict Product Liability
A company that designs, manufactures or distributes a defective device can be found strictly liable for the injuries to a consumer such as you. To apply strict liability we have to prove that the product was defective, that the defect existed prior to the release of the product to the consumer and that the defect caused injury, such as harms and economic losses, to you. A defect can be from a failure to warn the consumer, a defective design or a manufacturing defect.
What Is Breach of Warranty
When a product is sold, there is often a sales contract that accompanies the sale. These contracts often have an implied or expressed warranty. These warranties can be breached or violated when a product is defective. Often disclaimers are part of these contracts and this makes it a challenge to enforce a warranty. We, at Brown & Gessell, explore every avenue of recovery, including breach of warranties.
What Is Negligence
Every manufacturer and seller has to use reasonable care in designing, manufacturing, inspecting and testing products. Negligence is when they fail to use this reasonable care. Reasonableness is often defined by an industry standard and that is further clarified for a jury by expert testimony. Sometimes an industry standard is unreasonable, and the safety of the consumer is often improved by the efforts of an injured person and an effective law firm. We pride ourselves in our team approach to each case in establishing negligence.
What Is a Design Defect
The focus of a claim of design defect is the period of time before the actual manufacturing of a product, when it is being planned. Such a defective design occurs in all of the models with a similar design or plan. The test is whether the design fails to prevent a reasonably foreseeable risk of injury or damage to the consumer, and that such a risk could feasible been prevented by the use of another design. Failure to recognize this flaw in design results in a defective product and often injury and even death to the consumer. Again, this often relies upon effective experts experienced in recognizing such defects. We constantly seek the most effective experts in our cases.
What Is a Manufacturing Defect
When there is a defect in the manufacturing of a product, it may or may not affect similar models. It is usually an isolated event, but the impact of a defect in manufacturing is often tragic. Manufacturers have a duty to prevent and subsequently discovery such defects as part of their quality control, before they find their way to the consumer.
When Is a Product Defective Because There Was No Warning
The consumer must be given a clear, visible and understandable warning of any reasonably foreseeable, hazardous dangers to a product. Failure to give such a warning constitutes a defective product.
Where does Brown & Gessell Represent Clients in Product Defect Cases
We pride ourselves on representing clients injured in many diverse parts of Northern and Central California. This includes cities such as Redding, Woodland, Sacramento, Truckee, Bakersfield, Santa Cruz, Livermore, Tracy, Stockton, Fresno, Lodi, Manteca, Modesto, Merced, Ripon and many other locations in the Greater San Francisco Bay-Area, Foothills, Sierras, and the Central Valley. We have represented clients against international companies from Europe to various places in North America.
How Do I Begin
Brown & Gessell offers a free initial consultation to people who have been injured or who have lost family members due to a defective product. We put all of our resources to work in exploring product defect cases. We involve effective expert consultants to evaluate whether each case can be pursued. We take great steps to ensure that moving forward on every potential case is prudent; we do this because we know that our clients have already been through so much and a law suit takes time, resources and a huge emotional investment. Once we have determined that a client’s case should be prosecuted, we seek to ensure that our clients receive the compensation for all the harm and losses they have experienced. We work on a contingency basis where we do not charge a fee unless we recover for our clients. Product liability cases are often complex and require experienced attorneys to flesh out the true defects and the responsible parties. This is our aim.
What Types of Product Defects Are There:
Medical Devices: There are many medical devices that we use daily throughout the United States. Common devices include joint prostheses, such as hip, knee and shoulder joint replacements. There are other devices such as heart defibrillators or ICD’s, pacemakers, vaginal meshes, drug-coated arterial stents, and breast implants.
Construction Equipment: In the course of construction many machines are used to accomplish the demanding tasks inherent in building. A work-site can be dangerous and defective work equipment contributes to a high number of workplace injuries each year. Construction injuries and deaths are the leading cause of job-related deaths and defective construction equipment play a significant role in these injuries. OSHA regulations have an impact on the potential liability of the manufacturer. We will use every tool in our arsenal to establish whether construction equipment is defective.
Vehicles: The cars and trucks that we own and drive are designed and manufactured in many parts of the world. From our own investigative experience we know that cars and trucks are sometimes designed and manufactured defectively, causing serious injury and death. We place ourselves and our families in the care of these multi-billion dollar companies, who do not always place safety first. At Brown & Gessell, we aggressively investigate and pursue those who are responsible for defectively designed and manufactured vehicles. We seek financial compensation for your harms and losses from defective automobiles. These defects can include the vehicle itself, defective tires, defective brakes, defective seatbelts and airbags, and other aspects of a car or trucks everyday function.
Everyday Consumer Products: The list of defective everyday-products that cause unnecessary injuries is seemingly endless. They can include electronic devices, appliances, sports equipment, children’s products (cribs, blankets, cribs, stroller, etc.), and toys. The vast majority of children’s toys sold in the United States are manufactured in another country, where there is often inadequate safety regulations.
Recreational Products: We spend considerable time with our hobbies and vacations using recreational vehicles such as all-terrain vehicles (ATV’s), motorcycles, road and mountain bikes, boats and jet skis. The media has publicize cases involving defective recreational vehicles and the serious injuries they can cause consumers.
Injured By a Defective Product? Talk To an Attorney now.
It is crucial, if you have been injured by a defective product, to talk to an attorney now. There are time limitations called Statute of Limitations that can prevent you from seeking damages. There are essential steps you can take to preserve evidence and witnesses for your potential case. Brown & Gessell will aggressively seek to protect your interests and seek full compensation for you.
Why choose Brown & Gessell to represent you in the San Joaquin Valley?
Brown & Gessell is located in Stockton, the County Seat of San Joaquin County, and central to the San Joaquin Valley. The partners at Brown & Gessell are uniquely qualified to handle your case here in Stockton because they are intimately familiar with the City of Stockton, its courts, its judges and staff, the local attorneys and with the people that will make up the jury who may hear and decide your case. Douglas A. Gessell was raised in San Joaquin County, and Steven L. Brown has raised his family for the last 20 years in the County. Mr. Gessell has attended school and church in Stockton and has worked for the Stockton Unified School District as well as several local businesses. He has been representing accident victims in Stockton for the past 12 years. Mr. Brown is the past President and a member of the Board of Directors of the San Joaquin County Bar Association and a past member of the American Inn of Courts. Prior to representing injured individuals, he represented hospitals and doctors throughout the Central Valley. Their familiarity with the streets, highways, waterways, courts, hospitals and neighborhoods allows them very personal insight into the area where your case arose. Start your case with an advantage.