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product liability experts

Product Liability

Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries the defective product causes. Product liability frequently involves retail items, but can extend to pretty much anything that can be sold and even to intangibles such as gas, naturals (pets), and real estate (houses).

Each year thousands of people are injured due to defective products. Fortunately, individuals or companies responsible for these injuries can be held accountable due to the product liability laws. If you or your loved one has been injured due to a defective product, you may be entitled to compensation from the manufacturer or company selling the defective product. We offer free consultations and do not charge a fee for our services unless your case is won. Call us today for your free case evaluation. We are the LAWYERS ON YOUR SIDE™.

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Product Liability Law

Products liability law is a tort action that falls under negligence (unintentional tort action) umbrella. Simply, products liability laws holds all parties involved in the chain of manufacturing and distribution of any defective product are responsible for causing injuries. Aside from the actual manufacturer, other responsible parties may include distributors, retailers, repairers, assemblers, component suppliers and testing laboratories. Although products liability claims started under negligence theory, today in addition to negligence action, it can be based on strict liability, breach of warranty, and various consumer protection claims.

TYPES OF PRODUCT LIABILITY

DESIGN DEFECTS

Liability arises from a mistake or oversight in the design/making of a product, which makes it dangerous when used as intended, or when used in another reasonably foreseeable manner.

MANUFACTURING DEFECTS

Liability arises from a defect that results from the manufacturing process itself.

MARKETING DEFECTS

A marketing defect involves such issues as inadequate warning labels or instructions, which may prevent a user from recognizing a defect in the product, or from being aware of how to safely use the product.

product liability cases

• Motor Vehicle Defects including defective Seat Belts, Tire Defects such as a Tire Blowout, and Unsafe SUVs resulting in SUV Rollover Injuries or Death
• Defective Workplace Machinery such as Nail Guns, Punch Presses, and other Construction or Manufacturing Equipment
• Medical Devices such as Heart Monitors, Heart Valves, and Prosthetics
• Cosmetic implant surgeries including Breast, Penile, and other Cosmetic Surgeries
• Lasik Eye Surgery
• Defective Boats, Airplanes, and Motorcycles

injured due to defective product?

If you or one of your loved one has been seriously injured due to a defective product, you should follow these steps and then call our office:

• Keep the product and any Documents and Packaging that was included
• Identify as much information about the product as possible including the Name of the Manufacturer, Model Name and Number, Place and Date of Purchase and Serial Number
• Keep the product in a safe place where it won’t be touched
• If the product is an automobile, make sure that you keep it
• Make sure to Inform your Insurance Company that you need to keep your car
• Obtain information from any Witnesses that may have been present (such as name, address and telephone number)
• Find your Receipt
• Obtain Medical Help immediately
• Do not discuss the case with anyone other than an Attorney

HAVE A PRODUCT LIABILITY CASE? TELL US ABOUT IT ♦ CALL 1-866-789-1664

HOW CAN A PRODUCT BECOME DEFECTIVE?

A product is considered defective if it does not provide the level of safety which the community generally is entitled to expect. The following are the number of factors for a court to determine whether a product is defective or not:

• The manner in which and the purposes for which the product has been marketed
• The packaging of the product; the use of any mark in relation to the product
• Instructions for or warnings with respect to doing or refraining from doing anything with or in relation to the product
• What might reasonably be expected to be done with the product
• The time when the product was supplied
• Products which are older and subject to more use would not necessarily be expected to be as safe as brand new ones
• Products would not necessarily be defective simply because the safety of later models had been improved

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