Representing Product Liability Victims Since 1972 – Experienced Products Liability Law Firm
When consumers purchase products, they justifiably presume that the product will be safe when used as intended. Sadly, defective products injure millions of people every year. Sometimes products are dangerous because manufacturers place profits above consumer safety and cut corners in the design or manufacturing process. Increasingly, American companies are importing products for sale from countries with a poor record for consumer safety. The goal of product liability law is to protect consumers from unsafe products and provide a way to compensate those injured by dangerous or defective products.
The experienced product liability lawyers at Jacoby & Meyers have been representing those injured by dangerous products for nearly forty years. We often utilize industry experts to develop the most effective presentation regarding the nature of the defect in the product. Many large corporations that produce defective products have extremely deep pockets to defend against lawsuits filed because of their poorly designed or shoddily manufactured products. Our defective product injury attorneys have the resources, experience and expertise to take on the largest corporations.
Basic Legal Theories in a Product Liability Claim
Product liability law refers to that area of law that is designed to compensate those injured by unsafe or defective products. When a product injures a consumer because it is defective anyone in the production and distribution chain may be liable including the entity that designs, manufactures, distributes or sells the hazardous product. Product liability law shifts the cost of injuries to the companies that profit from the sale of their products. Our experienced product liability law firm may base a product liability claim on three separate legal theories: negligence, strict liability and breach of warranty.
Negligence: A product liability lawsuit may be based on a failure of anyone in the production or distribution chain to exercise reasonable care to prevent injury to consumers – referred to as “negligence”. The company that designs the product may be shown to be negligent in designing, manufacturing or inspecting the defective product. Both the manufacturer as well as anyone in the product and distribution chain may be liable for failing to provide adequate instructions or warnings of potential hazards and safe use of the product. Where defects exist because an entity in the production and distribution chain failed to exercise reasonable care, then a consumer who is injured by the unsafe product may be successful in pursuing a product liability lawsuit.
Strict Liability: Product liability claims can sometimes be easier to prove because it is not always required that a consumer prove negligence. Proving liability where no showing of fault is required is called “strict liability”. Where strict liability is applicable, a consumer who is injured by a defective product need not establish any lack of reasonable care by anyone in the production and distribution chain. A strict liability claim requires only that an injury victims show:
- The product is actually defective
- The defect existed when the product left the manufacturer’s control
- The consumer’s injuries were caused by the defective product
Breach of Implied or Express Warranties: Many products come with express warranties. Other warranties such as the warranty of merchantability and warranty of fitness for particular purpose are implied by law. The warranty of merchantability basically means that a product will generally meet a consumer’s normal expectations, which usually means that the product will not injure a consumer when used as intended. When the product does not comply with the terms of these express and implied warranties, the injury victim may be able to recover based on breach of warranty. Breach of warranty cases can be complicated because the product may carry disclaimers that preclude asserting a warranty claim or limit the type and amount of damages.
Types of Product Defects Forming Basis of Product Liability Lawsuit
There are also a number of types of defects that may form the basis for a product liability lawsuit. The basic types of defects that may result in a product injuring a consumer that may form the basis of a product defect lawsuit include the following:
Manufacturing Defects: A manufacturing defect is one that occurs during the fabrication process. While a product line may be safe as designed, there may be a problem with particular units that develop flaws or defects during the manufacturing process. If inspection and quality control procedures are insufficient to reveal the problem before the unit leaves the manufacturer’s control, then the consumer who is injured may be able to make a claim based on the manufacturing defect. An example this type manufacturing defect would be radial tires where problems in the bonding of the steel belts and the rubber of the tire result in the tire suddenly losing its tread.
Design Defects: These differ from manufacturing defects in that every unit of that model type is typically defective. This type of defect is inherent in the design of the product and exists even if the product is manufactured precisely according to specifications. A product may be found to have a design defect when there is a feasible safe alternate design that could have been used that would have prevented or reduced the risk of injury to the product user. For example, the design of a vehicle that positions the gas tank too close to the rear of the vehicle might create a risk that the vehicle is prone to explode when involved in a rear-end collision.
Failure to Warn: A product may be safe when utilized one way but unsafe if used another foreseeable way or under certain conditions. If the manufacturer fails to provide adequate warnings or instructions regarding the hazard, this failure may form the basis for a product liability claim. An example of this type of defect might include a toy that poses a choking hazard for children that contains no warning to keep the top out of the reach of small children.
There are a wide unsafe products that may be the basis of a defective product lawsuit including:
Motor Vehicle Defects: Examples of this type of defect might include defects that cause sudden acceleration accidents or defective fuel systems that make vehicles prone to catch on fire or explode.
Hazardous Substances: A common type of defective product of this type would include asbestos, which causes mesothelioma.
Dangerous Drugs: Many drugs, including those approved by the FDA, are not put through sufficient clinical trials so that consumers are exposed to pharmaceuticals that have serious adverse side effects. In other cases, drug companies ignore studies that raise questions about the safety of their drug. The list of drugs that may be the basis of a dangerous drug product liability lawsuit is virtually limitless but current examples in the news include Avandia, Vioxx, Yax/Yasmin, Prempro and countless others.
Toys, Electronics, Household Goods: These can range from car seats, strollers and cribs that can pose accident or suffocation risks to children to laptop computer batteries that pose a risk of fire or explosion.
Defective Medical Appliances: There are many medical devices that may be defective including defective Medtronic defibrillator leads, ASR Hip Replacement devices, pain pumps and other defective medical equipment.
The Consumer Protection Safety Administration (CPSC) is the federal agency that is charged with establishing guidelines and safety standards for consumer products and mandating recalls on products that pose an unreasonable hazard. The CPSC issues millions of product recalls annually. The CPSC is dedicated to providing consumers and families protection from products that pose a chemical, electrical, fire or mechanical hazard or that can cause injuries to small children.
A Product Liability Catastrophic Injury Law Firm You Can Count On
If a defective product injures you, it is important that you keep all parts of the product including any debris, packaging, labels or instructions. These items may prove essential in pursuing your product liability claim. Because product liability lawsuits are extremely expensive and complex, it is essential to seek the advice of an experienced product liability law firm. Defective products can cause catastrophic injuries or wrongful death.
Jacoby & Meyers has been representing those injured by dangerous and defective products for nearly four decades. We have extensive resources and a broad range of experts at our disposal to effectively litigate complex defective product lawsuits. Jacoby & Meyers has become synonymous with representing accident victims; we urge you to contact us to learn why.
We offer a free consultation so contact us to obtain a confidential evaluation of your product liability claim. We have offices nationwide, including Southern California, New York, Alabama, Florida, and Arizona so call us at 1-800-411-4LAW to see how we can help.
