Product Liability Lawyer
When we use a new product, we are confident that it will function properly and be safe. We may be surprised when a product unexpectedly causes a severe injury to us or someone we love.
Various consumer products have been released for public use, resulting in injuries due to a defect or the manufacturer’s failure to describe how to properly use them. The manufacturer and others aware of the dangers can be held accountable for any injuries and damages you may have experienced.
Have you or a loved one been injured using a dangerous product? The product liability attorneys at the Injury Lawyer Team, sponsored by Rosenfeld Law Offices, have decades of experience handling complex product liability cases.
Our product liability lawyers are dedicated to providing the best representation and obtaining fair compensation for your case. Call our personal injury attorneys today to schedule a free case evaluation and speak with a reputable product liability lawyer.
What Is Product Liability?
Product liability is the legal liability of a manufacturer or seller for producing or selling a defective product to consumers. The manufacturer and seller can be held liable for selling faulty products that lead to injuries to the consumer.
Manufacturers have a deeper understanding of the safety and functionality of their products because they have designed, assembled, and inspected them. The manufacturer or those in the assembly line were likely aware of a malfunction or design flaw that could harm consumers.
These parties should be held accountable for selling a defective product and disregarding people’s safety. An injured party can file a claim if the defective product caused an injury and is found to be unreasonably dangerous for its intended use.
You do not need to be the purchaser or user of the product to file a product liability lawsuit. As a passenger of a vehicle who experienced injuries due to a defect in the car, you can still file a compensation claim.
The most common defects found in product liability cases include manufacturing defects, design defects, and failure to warn. When you use a product in its intended use and sustain an injury. As a result, you should contact a product liability attorney.
When we buy a product that does not function properly, there may be a defect that occurred when it was manufactured. An error in the manufacturing process may have resulted in a defective product.
A manufacturing defect can be hazardous if found in medical devices and car parts. In the medical field, nurses and doctors need medical devices to work correctly to treat and perform surgery safely.
A defective product can result in medical errors and further injuries to a patient. One of the most common manufacturing defects in vehicles is an airbag that fails to deploy.
This scenario is dangerous because a person involved in a significant crash may sustain severe injuries that would not have occurred if the airbags had deployed properly.
A design defect occurs when a product is produced according to the design, but there is a flaw in the design itself. As the plaintiff, you will have to prove that the product posed a risk of danger to the consumer.
A defect in the design of different types of products can be hazardous. Using a power tool requires a consumer to follow safety measures before use, and if there is a defect, it can lead to severe injuries.
A product can also seem harmless but cause severe injuries due to a defect. In 2016, Samsung Note 7 smartphones were malfunctioning and caught fire due to irregularly sized batteries for the phone.
They were overheating from the battery design defect, resulting in injuries and property damage. There have also been cases of defective toys with small parts that detach and pose a choking hazard to small children.
When a manufacturer fails to warn about a potential risk when a consumer uses their product, they can be held liable for failure to warn. Warning labels or instructions on using a product can help the consumer stay safe.
Dangerous power tools that do not have a warning label may harm a person. These products must have instructions on handling the product adequately to avoid injury.
The manufacturer must also be careful to add warnings to avoid liability issues.
A medical device must also be sold with instructions on using the product safely. Lack of a warning or proper education on how to use medical devices can result in life-devastating injuries and complications in a patient.
Manufacturers and sellers must place these warning labels on dangerous products and any other that may pose a risk of danger.
Basis For Product Liability Claims
The injured party must determine the grounds for their product liability claim. Product liability claims will usually be either strict liability, negligence, or breach of warranty.
Ways in which an injured party must prove fault in their product liability case will depend on the laws of the state where the incident occurred. Product liability is usually not governed by federal law.
The manufacturer must sell a safe product or provide a way to make the product safe. When the product is considered unreasonably dangerous due to a defect and results in an injury to an individual, strict liability can be the basis for a claim.
For strict liability, there is no need to further prove if there was intent and negligence present. Simply proving that a defect in the product was responsible for a person’s injury is enough to hold the manufacturer liable.
Strict liability can apply to all parties attached to producing and selling the product. In defense, the manufacturer could attempt to prove that the plaintiff continued to use the product with the knowledge that it was defective.
Negligence is when the manufacturer has a duty of care but acts carelessly, which results in an injury to the consumer. Responsible parties can be the manufacturer and others attached to the manufacturing process if they are found to have breached their duty of care.
Some of the ways in which a manufacturer can be found negligent are in the testing, how they designed the product or failure to include enough warnings or directions. The manufacturer can be found negligent for failing to exercise care in the production of the product.
Breach Of Warranty
A breach of warranty is a violation of either an expressed or implied warranty contract. A guarantee is usually attached to the sale when you buy a product.
An expressed warranty represents the product clearly stated on the product or in marketing. Express warranty must include a statement such as a promise or a claim about the product and its qualities.
An implied warranty is a guarantee made by a product manufacturer. This type of warranty guarantees that a product should work as expected.
Well-Known Product Liability Lawsuits
Many defective products sold to consumers have resulted in injuries and death. You may be familiar with some product liability lawsuits in the news over the past few years.
Manufacturers have faced thousands of product liability lawsuits for their negligence. Some popular manufacturers facing lawsuits for devastating injuries victims have sustained from using their defective products are listed below.
Johnson & Johnson’s Talc Powder
Many are familiar with the Johnson & Johnson brand and associate it with baby products. This company is facing more than 40,000 lawsuits claiming that the talc in their baby powder product causes cancer.
The lawsuits claim that there is asbestos in the talc products, which the company denies. The Food and Drug Administration (FDA) has found evidence that asbestos is present in the product.
The FDA’s findings show that a manufacturing defect resulted in the presence of asbestos.
Bayer’s Roundup Weed Killer
Roundup is a popular herbicide used to control weeds and grass for decades. The active ingredient in Roundup is glyphosate, which kills crops and weeds.
Many exposed to the herbicide claim that they developed cancer known as non-Hodgkin’s lymphoma. One of Bayer’s arguments that glyphosate is safe is that the Environmental Protection Agency has determined that the herbicide does not cause cancer.
It has been difficult for all victims to argue that the product is defective due to the EPA’s statement. In one lawsuit, the jury verdict awarded $1 billion in punitive damages to a couple diagnosed with non-Hodgkin lymphoma after having been exposed to Roundup for decades.
Roundup continues to be sold and used in the US due to the EPA’s research and findings that there is no correlation to cancer.
Takata and various automakers such as Honda, Mercedes-Benz, and Volkswagen have faced lawsuits for defective airbags that resulted in serious injuries. The airbags contained the propellant ammonium nitrate.
Victims claim in lawsuits that the manufacturer should have known that the propellant is volatile and dangerous. The National Highway Traffic Safety Administration states that the issue was using the ammonium-nitrate without a chemical drying agent.
Many have died, and hundreds have been injured due to the airbags exploding when deployed.
Who Can Be Held Liable In A Product Liability Lawsuit?
The injured consumer may be able to file a product liability claim against one or more parties, depending on the factors involved. The manufacturer can be held liable for damages because of a design defect in the product that caused an injury.
The manufacturing plant can be held responsible for damages if the defect occurred during the manufacturing or assembly process. The seller or retailer can also be held responsible for advertising a product that turned out to be defective and dangerous to the consumer.
In many cases, the manufacturer must be in the business of selling the product to be held liable. Possible defendants in product liability cases can include:
- Manufacturing plant
- The business that sold or distributed the product
Many parties within the process of manufacturing and selling can be held liable for a defective product. Legal counsel can assist in understanding who is responsible for your product liability case and provide options.
Will I Be Part Of A Class Action Lawsuit?
A class action is when a small group or one plaintiff will represent on behalf of the larger group in a lawsuit. When you file a product liability lawsuit, you can do so on your own or join a class action lawsuit.
A defect in a popular product will likely result in hundreds or thousands of product liability lawsuits. Individuals who have suffered severe injuries or have a family member that died will usually file a lawsuit on their own.
Those who have suffered similar injuries will likely be part of a class action. Mass tort differs in that individual lawsuits remain individual even when judges combine cases to facilitate the process.
A sole party or small group does not represent the whole. An injured consumer can schedule a free consultation with a law firm experienced in product liability litigation for guidance on the type of lawsuit they should file.
Your law firm can also help you recover damages and seek compensation for sustained losses.
What Kind Of Compensation Can I Receive In A Product Liability Lawsuit?
The compensation you may receive from a product liability lawsuit can include different types depending on your unique situation. You may need medical treatment for an injury caused by a defective product.
Your medical bills for the injury include an emergency room visit, orthopedic treatment, physical therapy, and more. Future medical costs for long-term treatment can also be considered in the settlement.
Compensation could include lost wages if the plaintiff missed work due to injuries. Your law firm can also help you obtain punitive damages, which are awarded to a plaintiff to punish the defendant for gross conduct.
Consulting with law firms can help you better understand the compensation you can obtain for your case. Some of the common types of compensation that can be received in products liability lawsuits include:
- Medical bills
- Future medical expenses
- Lost wages
- Lost earning capacity
- Property loss
- Mental anguish
- Pain and suffering
- Punitive damages
- Funeral costs in wrongful death cases
Schedule A Free Case Evaluation with A Personal Injury Attorney To Discuss Filing A Product Liability Litigation
Manufacturers must exercise caution when developing a product for the marketplace or risk injuring people who use their defective products. Companies will likely face lawsuits if they fail their duty to provide a safe product that results in injuries.
When a product manufacturer or business is careless in developing and selling a dangerous or defective product, they must be held accountable. Have you or a loved one been injured by using a defective product?
The product liability lawyers at Injury Lawyer Team have the experience to help you take legal action against companies who have been negligent in providing dangerous products to the public. We will fight to recover compensation for cases involving product liability, consumer fraud, wrongful death, and personal injury.
Call our product liability lawyers today to schedule a free consultation. We look forward to speaking with you about your product liability case and answering your questions.
All confidential or sensitive information you share with our personal injury attorney remains private through an attorney-client relationship.