Product Liability – Defective Products / Recalled Products
Thousands of people are injured every year by the products they use at work or at home or for recreation. While some people are injured by consumer or industrial products because they use them incorrectly, many are injured because a product is defective and unreasonably dangerous. From trucks to toasters, food to fans, snowmobiles to stoves, medical equipment to medications, and bicycles to baby cribs, defective and dangerous products can cause serious and sometimes catastrophic injury or death.
A person injured by a defective product may have a claim against the company or companies that designed, manufactured, or sold the product. Persons injured by a defective product may be entitled to compensation for:
- Economic Losses, including past and future medical and rehabilitation expenses, lost income, loss of earning capacity, and out-of-pocket costs
- Non-Economic Losses, including pain and suffering, loss of enjoyment of life, mental and emotional distress, inconvenience
- Permanent impairment and disfigurement
- Loss of consortium by an affected spouse
The family of a person killed by a product may be able to bring a wrongful death claim and recover economic and non-economic damages.
Defects can arise from the way a product is designed or the way it is manufactured. A product may also be defective and unreasonably dangerous if a manufacturer or seller fails to warn a product’s user about a product’s dangers.
Design defects occur when a manufacturer designs a product that fails to eliminate (or in fact creates) a danger in the product. Design defect claims arise from these products regardless of whether the product was perfectly made according to the manufacturer's specifications. Motor vehicles, recreational equipment, consumer products, pharmaceuticals, and heavy equipment, are some of the kinds of products that could have a design defect. Design defects many times lead to a safety recall of the defective products by the manufacturer or the government. See www.recalls.gov.
Manufacturing defects occur when a defect is created during the manufacturing process. Manufacturing defects typically will affect one or small number of a company’s products, but can be more widespread. For example, a food processor who fails to properly clean its equipment may be liable for contaminating a product (like ice cream, or juice, or produce) with deadly bacteria. Another example is a manufacturer who is liable for a product failure when it improperly fabricates materials during a production run creating a dangerous hidden weakness in the final product.
Manufacturers and sellers may also be liable when they fail to warn buyers, users, and consumers that their products have certain dangers. The failure to warn against dangers can cause a product to be unreasonably dangerous. Consumers are used to seeing warnings on all kinds of products. Vehicles, recreational equipment, baby products, toys, pharmaceuticals, and all kinds of consumer products pose dangers that can cause injury or death. Most manufacturers and sellers try to warn consumers about their products’ dangers. When they fail to do so, however, they can be liable for injury or death caused by that failure.
Any product can be defective and unreasonably dangerous. For example:
- Medical Devices
- Consumer Products
- Construction / Building Equipment
- Motor Vehicles
- Recreational Equipment
- Sports Equipment
- Heavy Machinery
- Farm Equipment
- Industrial Products
- Industrial Equipment
- Oil and Gas Equipment
You should immediately contact a lawyer experienced in handling personal injury claims and particularly product liability / defective product claims. Many states have special laws governing product liability lawsuits and may limit your rights and make bringing claims for injuries against a product manufacturer difficult. Critically, time is running on bringing a claim.
Manufacturers typically have significant resources—money and lawyers—to protect themselves. That is why it is important for you, the consumer, to contact a law firm that has the experience and resources available to navigate all the issues that may arise in a product liability case. You need someone on your side to help make sure your rights are protected.
Our lawyers handle product liability cases involving serious injury or death. We are dedicated to helping injured people seek compensation for injuries caused by the fault or negligence of another. Our experienced lawyers have helped thousands of persons suffering from serious personal injuries and the families of those who have died rebuild their lives. We have the experience and resources to help injury victims or those who have lost a loved one navigate the many legal issues that surround product liability claims, including causation investigation, expert retention and evaluation of product defects, medical injury investigation, damages issues, insurance claims, settlement negotiations, and, if necessary, litigating in court against persons and companies who won’t take responsibility.
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Burg Simpson is known for its product liability work. In fact, Burg Simpson has been ranked #1 on the Martindale-Hubbell Top Ten Law Firms for Product Liability.