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PRACTICE AREAS

Product Injuries

INJURED BY A DANGEROUS OR DEFECTIVE PRODUCT?

Companies that manufacture or sell products have a duty to make sure that those products are safe for their intended use. When a person is seriously injured or killed by a defective product, the manufacturer or distributor of that product may be liable for that person’s injury or death.

DAMAGES IN PRODUCT LIABILITY CLAIMS

Product injury or liability claims cover a multitude of products from baby cribs to automobiles to medications. Every case is unique and the exact compensation available to you is determined by the circumstances of your claim.

Our experienced product liability attorneys will discuss the possibility of pursuing compensation for:

  • Medical bills (past and future)
  • Lost wages / diminished earning capacity
  • Pain/ suffering/ emotional anguish
  • Funeral expenses (as seen in wrongful death cases)
TYPES OF PRODUCT DEFECTS

Manufacturing Defects: this is due to an error during assembly. Manufacturers are liable for defects resulting from faulty construction. There is a small percentage of goods that will typically have a defect. You may have a case if you can prove the defect caused the injury.
Design Defect: this flaw in an original blueprint means the manufacturer should have used a better design that would not alter the purpose. This defect is continuous throughout all the manufactured products.
A Failure to Properly Warn: a product liability lawsuit may be pursued if the manufacturer fails to warn the user of any potential risks. A party may be held liable when instructions or warnings would have saved one from injury if followed while using a product. Warning labels should warn consumers of known hazards, the severity of any risks in the use of a product, effects of these hazards, and how to avoid hazards when properly used.

Product liability law is an area that covers a number of different claims. Our product liability lawyers have experience in handling cases dealing with:

  • Defective vehicles
  • Defective guardrails
  • Defective medical devices
  • Dangerous drugs
  • Defective children’s products
  • Food poisoning and product liability
  • Other defective items
COMMON PRODUCT LIABILITY CLAIMS

Negligence: many times, there is carelessness in the design or manufacturing of the product. Negligence often includes hastily reviewing plans, failure to sufficiently test or inspect, releasing a product too early, or failure for machines which fabricate the components of the product to be properly maintained.

Strict Liability: the injured may have a case if they can prove an existing defect that resulted in an injury. If this exists, a manufacturer can be liable for resulting damage. Products purchased second hand must be purchased within the distribution chain.

Breach of Warranty: this warranty covers any person who would use the product. When something is sold, the buyer relies on two warranties. The express warranty which is a representation of a product’s safety by the retailer or manufacturer; and the implied warranty that serves as a promise by a manufacturer or other party stating the product will not cause harm if it is used as intended.

WHO IS ACCOUNTABLE?

It is important to know that while determining who is held liable for a defective product, there is more than one potentially liable party involved.
All or any of the following parties can be held liable for damages that result in an injury due to a defective product:

Manufacturer: A liable manufacturer can include big multinational companies or smaller individual parties. This includes anyone involved in the marketing or design of the product.

Retailer: A retailer who sells an item implies that the product is safe and suitable for use. If the consumer purchases a defective item, even if it is not purchased from the manufacturer, the retailer can be held liable for damages.

Wholesaler: A wholesaler works as the bridge between the manufacturer and the retailer.

WHAT KIND OF COMPENSATION CAN I GET?

When a product liability lawsuit is successful, you may be eligible for compensation for:

Special Damages: This includes out-of-pocket financial losses or expenses like lost wages, medical or hospital bills, the cost of transportation, or costs to replace or repair damaged property.

General Damages: This includes losses that are not easily calculated such as additional medical expenses, pain and suffering, the value of future lost wages, mental anguish, and the loss of the quality of life.

FREE INITIAL CASE EVALUATION
If you or a loved one has been hurt by a defective product, our firm is ready to hear from you. Brooks, LeBoeuf, Foster, Gwartney & Hobbs has been advocating for injury victims for more than three decades and has the experience and resources to put forth a compelling case on your behalf both in and outside the courtroom. Contact our team of product liability lawyers today for a free initial case evaluation.