Let Our Product Liability Attorneys Help You Get the Compensation You Need
When we buy products like baby strollers, space heaters, or lawnmowers, we trust that they will work properly and make our lives easier. Unfortunately, if the wheels on the stroller are defective, the wiring in the space heater is hooked up improperly, or the blades of the lawnmower are not up to code serious life-threatening injuries can happen to you and your loved ones due to some defective product.
At Cory Watson, we’ve handled defective product lawsuits for decades, and we don’t think you should have to pay for a company’s negligence. Our legal team is ready to help you get the financial compensation you deserve after your defective product injury. Call now at 877-562-0000 or complete our online contact form for a free initial consultation.
Dangerous and Defective Products Pose Serious Risks
When manufacturers care more about their bottom lines than the safety of the people who will use their products, serious injuries and even death can occur. The slipping standards of big corporations put innocent consumers at serious risk. We’ve accepted many cases recently such as the Bard PowerPort device which has caused many issues for users.
Our firm is committed to holding negligent manufacturers accountable for their actions. Whether a product was put together improperly by the manufacturer, designed poorly, or did not include sufficient warnings, if you were injured by a defective product, we will fight to get the money you deserve.
What Are Common Types of Defective Product Claims?
Defective product claims arise when a product is deemed unsafe or faulty, causing harm to consumers. These claims typically fall into different categories based on the nature of the defect and the resulting harm. Here are common types of defective product claims:
Manufacturing defects occur during the production process, causing individual products to deviate from the intended design. These defects can lead to a product being more dangerous than intended. Claims often focus on errors in assembly, materials, or quality control.
Design defects involve flaws in the product’s original design, affecting an entire line or batch of products. Even if manufactured correctly, these products may pose inherent risks. Plaintiffs in design defect claims argue that the entire product line is unreasonably dangerous due to the design.
Failure to Warn/Inadequate Warning
A failure to warn or inadequate warning claim arises when a product lacks proper warnings or instructions about potential risks associated with its use. Manufacturers have a duty to provide clear and sufficient warnings to ensure safe usage and mitigate potential harm.
Breach of Warranty
Breach of warranty claims may involve a breach of express or implied warranties. Express warranties are explicit promises made by the manufacturer or seller, while implied warranties, such as the implied warranty of merchantability, guarantee that the product is fit for its intended purpose.
Strict liability claims do not require the plaintiff to prove negligence on the part of the manufacturer. Instead, the focus is on whether the product was defective and whether the defect caused the injury. This legal theory holds manufacturers responsible for the safety of their products.
Claims related to marketing misrepresentation assert that the product’s marketing or advertising misled consumers about its safety or capabilities. This can include false advertising, deceptive labeling, or exaggerated claims.
Pharmaceutical and Medical Device Claims
Specific to drugs and medical devices, these claims often involve allegations of side effects, inadequate testing, or failures to warn about potential risks. Mass tort litigation may arise when multiple individuals experience harm from the same drug or medical device.
Automotive defect claims involve issues with vehicles or their components, such as faulty brakes, airbags, or defective tires. These defects can lead to accidents, injuries, or fatalities.
Household Product Defects
Defective household products, such as appliances, furniture, or electronics, can lead to injuries if they malfunction. Claims may focus on design defects, manufacturing errors, or a lack of warnings.
Children’s Product Defects
Defective children’s products, including toys, car seats, or cribs, can pose unique risks. Claims may involve design defects, manufacturing flaws, or failures to provide adequate warnings.
It’s important to consult with an attorney experienced in product liability law if you believe you have a defective product claim. Product liability cases can be complex, and the specific details of each case will determine the appropriate legal theories and potential remedies available to the injured party.
How Can I Hold a Product Manufacturer Liable for My Defective Product Injuries?
Holding a product manufacturer liable typically involves pursuing a product liability claim based on various legal theories. Here are steps you can take to hold a product manufacturer liable for injuries or damages caused by a defective product:
- Document the Incident: As soon as possible after the incident, document details such as the product involved, the circumstances of its use, any warning labels or instructions, and the injuries or damages sustained. Take photographs, gather witness statements, and preserve any evidence related to the defect.
- Seek Medical Attention: If you or someone else is injured, seek prompt medical attention. Medical records can be crucial evidence in establishing a connection between the product and the injuries.
- Preserve the Product: Preserve the defective product in its current state. Do not alter or repair it. The product itself may serve as critical evidence in demonstrating the defect.
- Identify the Defect: Determine the nature of the defect. Is it a manufacturing defect, a design flaw, or a failure to provide adequate warnings or instructions? Understanding the type of defect is essential for building your case.
- Consult an Attorney: Contact an experienced product liability attorney. Product liability law is complex, and an attorney can help you understand your rights, assess the viability of your claim, and guide you through the legal process.
- Gather Evidence: Work with your attorney to gather evidence supporting your claim. This may include product testing, expert opinions, industry standards, manufacturing records, and any relevant documentation from the manufacturer.
- Determine Legal Theories: Your attorney will help you determine which legal theories apply to your case. Common theories include negligence, strict liability, breach of warranty, and failure to warn. The appropriate theory depends on the circumstances of the defect.
- File a Lawsuit: With the guidance of your attorney, file a lawsuit against the product manufacturer. The lawsuit will outline the details of the case, the legal theories pursued, and the compensation sought.
- Discovery Process: During the discovery process, both parties exchange relevant information. This may include depositions, requests for documents, and other forms of evidence gathering.
- Negotiation or Trial: Your attorney may negotiate a settlement with the manufacturer or proceed to trial. The decision depends on factors such as the strength of the case, the extent of injuries, and the willingness of the manufacturer to settle.
- Settlement or Judgment: If a settlement is reached or a judgment is awarded in your favor, you may receive compensation for medical expenses, lost wages, pain and suffering, and other damages.
Holding a product manufacturer liable requires a thorough understanding of product liability laws and legal procedures. Working with an experienced attorney is crucial to navigating the complexities of a product liability claim and increasing your chances of a successful outcome.
What Types of Compensation Can I Get from a Defective Products Claim?
If you’ve been harmed due to a defective product, you may be eligible to seek various types of compensation through a defective products claim. The specific compensation you can pursue depends on the nature of your injuries, the circumstances of the defect, and the applicable laws in your jurisdiction. Here are common types of compensation in defective product claims:
- Medical Expenses: You can seek compensation for all past and future medical expenses related to the injuries caused by the defective product. This includes hospital bills, surgeries, medication, rehabilitation, and any necessary ongoing medical treatment.
- Lost Wages: If your injuries resulted in time away from work or a diminished ability to earn income, you may be entitled to compensation for lost wages. This can include past and future income losses.
- Pain and Suffering: Damages for pain and suffering are intended to compensate you for the physical and emotional distress caused by the injuries. These damages are more subjective and may vary based on the severity and impact of your suffering.
- Property Damage: If the defective product caused damage to your property, such as a vehicle or personal belongings, you may be entitled to compensation for the repair or replacement of the damaged property.
- Loss of Consortium: Loss of consortium damages may be available if the injuries from the defective product have negatively affected your relationship with your spouse or family members, leading to a loss of companionship, support, or intimacy.
- Diminished Quality of Life: If your injuries significantly impact your ability to enjoy life, pursue activities, or engage in daily routines, you may seek compensation for the diminished quality of life.
- Punitive Damages: In some cases, punitive damages may be awarded to punish the manufacturer for particularly reckless or egregious conduct. Punitive damages are intended to deter similar behavior in the future.
- Legal Fees and Costs: If you prevail in your defective product claim, you may be able to recover your attorney’s fees and the costs associated with pursuing the legal action. However, this depends on the laws in your jurisdiction.
- Future Damages: If your injuries will result in ongoing expenses or a continued loss of income in the future, you may be entitled to compensation for these anticipated damages.
It’s crucial to consult with an experienced product liability attorney to assess the specific damages applicable to your case and navigate the legal process effectively. Keep in mind that the availability and extent of compensation can vary based on the laws in your jurisdiction and the specific details of your defective product claim.
How Long Do I Have to File a Product Liability Lawsuit?
Each state has a statute of limitations on how long you can file a product liability lawsuit in civil court. Alabama, for instance, has a two-year statute of limitations, so you must have an attorney file your lawsuit within that time or risk losing your rights to obtain compensation.
Certain exceptions can extend the time you have to file, but claims against government entities, for instance, typically have much shorter deadlines on when you can file a claim. Reach out to an experienced product liability attorney immediately to discuss your case at no cost.