Defective Products and Products Liability
Products liability sounds complicated and, in fact, it can be complicated. In its simplist form, the only rule you have to remember is that the manufacturer of a product owes the consumer the obligation to "manufacture" and "design" a product that is reasonably safe. If the product is "unreasonably dangerous" or if it is "unsafe for reasonably foreseeable uses," then the manufacturer is liable for injuries that are caused by the product.
For example, if a defective bolt fractures and causes a beam to fall on an ironworker, then the manufacturer of the bolt may be liable under products liability law. If you drink a can of cola and it contains salmonella or some other bacteria, the manufacturer would be liable.
The Plaintiff must prove that the defect in the product existed when the product left the manufacturer's control. If the distributor of the product contributed to the defect, the distributor could also be liable. A manufacturer can also be liable if it fails to adequately warn of the dangerous propensities of its product.
"Product liability law is complex and expensive because a Plaintiff is normally taking on a wealthy manufacturer who has unlimited money to spend defending the case."
A manufacturer cannot delegate its duty to others. Clauses such as "any injury is the responsibility of the consumer" are not enforceable and will likely be stricken by the Court.
Product liability law is complex and expensive because a Plaintiff is normally taking on a wealthy manufacturer who has unlimited money to spend defending the case. Plus, manufacturers have an interest in protecting the "sanctity" of their product.
Unfortunately, if an injury is not serious, a products liability action may not be economically feasible. We have pioneered bringing products liability actions into the construction arena, utilizing it to protect construction workers. We believe we have recovered the largest products liability recovery ever against a ladder manufacturer. We alleged that they manufactured a ladder utilizing vinyl shoes instead of rubber shoes.
To succeed in a products liability claim, the product must be saved after the accident and it should not be altered or changed in any way. Immediately get the product into the hands of an experienced attorney so that he can preserve the product and have an expert evaluate it. If the product is not properly preserved, that may destroy an injured person's right to compensation.
Products liability takes experience and considerable expertise and money to be successfully prosecuted. Under products liability law, you have the right to have your case heard by a jury and you can recover damages for pain and suffering, disability, lost wages, disfigurement and future pain and suffering.
Jurors have historically tended to have compassion for the manufacturer of a product. This would seem unlikely because the manufacturer is a corporation and the injured person is a human being. However, the jurors sometimes equate the manufacturer with the concept of free market and may be prejudiced against a lawsuit. Hence, the attorney has to be careful in selecting a jury. Due to the complexity of products law, do not give any statements to anyone and contact a lawyer immediately.
Products Liability: ASBESTOS
- Asbestos: Still Killing After All These Years
- Asbestosis (chronic inflammatory medical condition affecting the lungs, occurring after long-term, heavy exposure to asbestos) and Mesothelioma are still real threats for hundreds of thousands of people, as well as actual death sentences for others. [Read More]
Products Liability: PHARMACEUTICAL
- Anemia Drugs Epogen, Aranesp & Procrit
- Recent studies have shown a higher chance of serious and life-threatening side effects and a greater number of deaths in patients treated with these drugs. [Read More]
- Recent studies have shown a higher chance of serious and life-threatening side effects and a greater number of deaths in patients treated with these drugs. [Read More]
- Coated Stents - Boston Scientific
- Drug-coated heart stents implanted in millions of patients could be ticking time bombs - and they are permanent. [Read More]
- Drug-coated heart stents implanted in millions of patients could be ticking time bombs - and they are permanent. [Read More]
- Duragesic Patches
- Narcotic patches are killing more than just the pain. [Read More]
- Kugel Hernia Patch
- Some patches commonly used by surgeons have proven defective, causing potentially severe and life-threatening injury. [Read More]
- Teenage Suicide and the Anti-Depressant Paxil
- The makers of Paxil (a popular anti-depressant medication) recently sent a letter to doctors warning the drug caused a six-fold increase in the risk of suicidal behavior in young adults. [Read More]
Products Liability: AUTOMOTIVE
- Rollover - One-third of all motor vehicle deaths are attributed to rollovers [More]
- SUV Rollover - The combination of traditional truck chassis, narrow frames, weakened roofs and added passenger loads increase the risk of rollover and account for 60% of deaths in SUV accidents [More]
- Child/Occupant Restraint Defects - Sometimes these live-saving devices can cause severe injury rather than preventing it.
- Side Impact Protection Failure - Defective child safety seats may provide no protection at all in these deadly collisions
- Airbag Failure -- Airbags sometimes deploy at the wrong time, or fail to deploy altogether, which can cause serious injury or even death.