Product Liability Lawyers
Defective products injure or kill thousands of people every year. Under product liability laws, manufacturers and others along the supply chain can be held liable for any injuries or deaths caused by dangerous or defective products. Product liability lawsuits can involve various legal theories such as negligence, strict liability, and breach of warranty. Because product liability laws vary from state to state, it is important to contact a product liability lawyer as soon as possible for more information about filing a product liability claim.
Product Liability Laws
There are generally three types of defects that can result in liability for injuries or deaths, which include:
- Design defects: something is inherently dangerous or defective with the product’s design
- Manufacturing defects: the defect occurred when the product was manufactured
- Marketing defects: the product’s label, instructions, or safety warnings were insufficient, inaccurate, or inadequate
The standards by which a manufacturer, supplier, retailer, designer, or marketer can be held liable include the following:
- Negligence: the defendant knew or should have known of the product’s defect and failed to take the appropriate steps to protect the public.
- Strict liability: the defendant is liable for injuries and damages caused by dangerous and defective products regardless of whether it knew or should have known that the product was unsafe.
- Breach of warranty: the defendant failed to provide adequate warnings or labeling information and, as such, failed to comply with a written or implied warranty of product safety and lack of defects.
Common Types of Product Liability Claims
Product liability claims can involve a wide range of defective products and legal claims. For this reason, it is highly recommended that you contact a product liability lawyer if you were injured or a loved one was killed as a result of a defective product.
Some of the more common types of product liability lawsuits involve the following:
- Auto Defects. Common auto defects include: stability problems and rollovers, unintended acceleration, defective tires, airbag defects, and fires. Because auto defects often involve a number of cars, auto defect lawsuits are often pursued as a class action.
- Defective Medical Devices. Defective devices can sometimes make a medical condition worse and can even result in death or subsequent surgeries. For instance, certain types of metal-on-metal hip implants, transvaginal mesh, pacemakers, and heart stents have been known to be defective and resulted in mass product liability claims.
- Unsafe Pharmaceuticals and Nutraceuticals. Prescription and non-prescription drugs, vitamins, and health and wellness supplements are marketed to improve health and medical conditions, but if a product is defective or does not include the appropriate warning labels and instructions, patients can suffer injuries or death.
- Defective Equipment and Machinery. Defective equipment, particularly defective construction equipment or heavy machinery, can cause catastrophic injuries and even death. If a worker is injured in an on-the-job accident as a result of defective equipment or machinery, he or she could be entitled to product liability damages in addition to workers’ compensation benefits.
- Food Product Liability. Food poisoning and foodborne illnesses affect millions of Americans every year. If a food manufacturer or restaurant is negligent in its food manufacturing or food handling practices, it could be liable for any injuries or deaths caused by food poisoning.
- Baby and Children’s Products. Toys and other baby/children products – such as cribs, car seats, and highchairs – can cause serious injury or death if the product is dangerous, defective, or does not include appropriate warning labels. For this reason, baby and children’s products are subject to a high level of scrutiny when it comes to product liability standards.
Should I File a Product Liability Lawsuit?
The victims of dangerous and defective products often have a number of questions about their legal rights, and wonder whether it makes sense to file a product liability lawsuit. In some situations, the injured party will receive a settlement offer from the manufacturer, retailer, or supplier. For instance, the victims of an auto accident caused by defective tires may receive a settlement offer from the auto maker or its insurance company. In these situations, the injured party will need to decide whether to accept the insurance settlement or pursue a product liability lawsuit. In other situations, however, there will be no insurance settlement offer, leaving the injured party with little recourse aside from filing a product liability lawsuit.
A product liability claim begins when the injured party, or plaintiff, files a complaint in the applicable court of law. Product liability claims – like all injury claims – are subject to statutes of limitation, or time limits, on when the claim can be filed so it is important to contact a product liability lawyer as soon as possible in order to ensure a timely filing of the claim.
Product liability laws vary from state to state and the theory of liability will vary depending on the product and reason for the injury. For instance, the legal standards for strict liability claim are different than a claim of negligence. Accordingly, it is highly recommended that you consult with a defective product lawyer for help filing a product liability claim.
After a product liability claim is filed, the defendant will have the opportunity to dispute the facts of the case, and may also attempt to refute the plaintiff’s claim of liability through various defenses. The most common defense in product liability claims is an assumption of risk defense, in which a defendant may be able to avoid liability if the plaintiff created an inherently dangerous situation or assumed certain risk in connection with use of the product. A product liability defendant may also argue that the plaintiff misused the product, thereby causing the injury.
In deciding whether to file a product liability lawsuit, there are several things to consider:
- Insurance settlements are subject to the policy limits. In many cases, injuries and damages exceed the policy limits of an insurance policy, which leaves the injured party with inadequate financial recovery. By pursuing a product liability case, you will not be limited to the insurance policy limits.
- Insurance companies are in the business of generating profits, so they often seek to settle a product liability claim for as little money as possible.
- You may be able to receive money for future medical expenses and lost wages in a product liability lawsuit. Because medical treatment is often not complete at the time an insurance settlement is offered, it won’t include amounts for future medical expenses, lost wages, or rehabilitation. A lawsuit will be able to account for all damages, including current and future medical bills, lost wages, pain and suffering, and emotional distress.
- The product liability claims of numerous consumers may be pursued as a class action lawsuit where there is a common defect which has caused economic harm. Where a common defect in a product has caused numerous consumers’ personal injuries, the individual cases may be combined and handled as mass tort cases in which the product liability lawyer combines his or her resources with other lawyers handling cases involving the same product defect.
Product Liability Damages
If you choose to file a product liability lawsuit and are successful in proving that the defendant was liable, you and your family may be able to recover the following money damages:
- Current and future medical expenses
- Current and future rehabilitation expenses
- Current and future lost wages
- Disability benefits
- Pain and suffering
- Emotional distress
- Loss of services and companionship
- Property damages
In some product liability cases, an injured party may be able to recover punitive damages to punish the defendant and deter future misconduct.
What to Do If Injured by a Defective Product
If you have been injured by a dangerous or defective product, it is important to take key steps to preserve a claim for damages in a product liability suit against the manufacturer or other responsible party. You should:
- Preserve and protect the product in the post-accident condition without allowing anyone to test or alter the product.
- Photograph the entire accident scene before anything is moved or altered.
- Next, call a product liability lawyer.
- Retain as much applicable information as possible, including receipts, owner’s manuals, product packaging, warranty information, and advertising.
- Do not communicate with the manufacturer or retailer or provide any statements to insurance companies.
- Do not allow the product to be returned to the manufacturer.
Contact a Personal Injury Lawyer
Because there are strict time limitations on when an injured party can file a product liability claim, it is important to consult with a defective product lawyer as soon as possible. The applicable statute of limitations varies from state to state and based on the type of product liability claim. A defective product attorney will be able to determine the applicable statute of limitations and help you file your claim in a timely manner. It is also important to contact a product liability lawyer promptly after an accident or injury in order to preserve the necessary evidence to support your product liability lawsuit.