General Product Liability
In our day-to-day lives, we come across and use a multitude of products, ranging from cars to washing machines, and much more. Whatever the product may be, it's essential that manufacturers ensure these items are safe for us, the consumers. As per federal law, manufacturers are obligated to warn us about any potential dangers or defects in their products.
Unfortunately, not all manufacturers recall their defective products promptly, or sometimes, they don't recall them at all. This negligence can lead to grave consequences, including serious injuries or even death. As attorneys specializing in product liability, we see cases involving various defective products, from medications and medical devices to cars.
If you or someone you care about has been harmed by a defective or dangerous product, you may be eligible to file a product liability lawsuit against the manufacturer. You'll need an experienced attorney who will fight for your rights and ensure that negligent manufacturers are held accountable.
Common Types of Defective Products
Certain products are widely used and expected to function as promised. However, several commonly used products can result in serious harm due to defects. Here are some of them:
Automobiles and Auto Parts
Defective cars and car parts cause thousands of injuries and deaths each year in the U.S. Some automotive defects leading to catastrophic outcomes include airbag defects, brake malfunctions, engine and fuel tank defects, seat belt failure, software glitches, tire defects, and transmission problems. More information can be found on our Automotive Defects page.
Faulty Seat Belts
Seat belts are designed to protect us. But when they fail, the consequences can be disastrous, resulting in severe injuries or even death.
Software Failure
Modern vehicles depend on advanced electronics and software. When these systems glitch, serious accidents can occur.
Defective Drugs and Medical Devices
Prescription drugs and medical devices are meant to improve our health. However, when they malfunction, they can cause more harm than good. If a drug's side effects are fatal or cause significant organ damage, or if a medical device fails or injures a patient, the manufacturers must be held accountable.
Faulty Children’s Products
Defective nursery products and toys can also cause injuries and death among children. For example, toys with loose or small parts can pose a choking hazard, and those contaminated with lead can lead to learning disabilities and brain damage.
Household Products
Everyday household items can pose hidden dangers. Kitchen and home appliances, power tools, and alarms are just a few examples.
Understanding Product Liability Law
Product liability law in the U.S. determines who can be held responsible for injuries and damages caused by defective products. When a product defect causes harm, liability extends to everyone within that product’s distribution chain. This includes the manufacturer, parts maker, assembler, distributor, wholesaler, and retailer of the product.
Claims regarding defective products are typically judged based on state laws of negligence, breach of warranty, or strict liability. It's crucial to understand that the product must have been sold in a marketplace for a product liability claim to be filed, and the person injured doesn't have to be the original buyer.
Types of Product Defects
Product defects that can lead to a product liability claim fall into three categories:
Design Defects
These defects arise even before the product is manufactured due to inherent design-related problems.
Manufacturing Defect
These defects occur during the product's assembly or manufacturing process.
Marketing Defects
These occur when the product’s marketing does not align with its actual function, including incorrect labels, inadequate instructions, or insufficient safety warnings.
Proving a Product Liability Claim
If you've been injured by a defective product, you need to prove four elements to successfully make a product liability claim: you were injured and suffered losses; the product was defective; the product defect caused your injuries and damages; and you were using the product as intended.
Compensation in a Product Liability Case
The value of a product liability case depends on the nature of injuries and damages, and the negligence of the product manufacturer. Compensation may include medical expenses, lost wages, pain and suffering, and punitive damages to deter other negligent manufacturers.
If you or a loved one has been harmed by a defective product, we, at injured.com, are here to support and guide you. Our experienced product liability lawyers have the resources and expertise to help you navigate this complex process and secure the compensation you deserve. Please contact us to schedule a free consultation and comprehensive case evaluation. Let us be your allies in this crucial matter.
