Product Liability Lawyer

Strict Liability

In almost all product liability cases, strict liability is the standard for bringing an action against the responsible party. If a claim of strict liability is to be pursued, the injured party will need to show that, due to a defect, the product was unreasonably dangerous for its intended use. 

Generally, there are three areas in which a product can be unreasonably dangerous:

  1. Failure to Warn/Marketing Defects

The product manufacturer or seller can fail to warn about dangers associated with the product’s use. Manufacturers and sellers are expected to give adequate warnings in their marketing about possible dangers within the design of the product, and to provide clear and adequate instructions for use. Failure to do so can make a nevertheless sound product deadly. For instance, coolants used in automobiles are extremely toxic; failure to print warnings of this toxicity on the product labels could lead to an accidental poisoning, and thus to a suit for damages.

  2. Design Defect

The product may have a defective design, even if it is assembled perfectly. An example would be a car gasoline tank that is designed with weak walls such that an impact can rupture the tank and cause the car to catch on fire, even when the tank is correctly assembled and installed. Another example would be an airbag that was designed improperly and therefore did not deploy during an accident.

  3. Manufacturing Defect

A manufacturing defect exists when an otherwise safe product is rendered dangerous because it is assembled improperly during the manufacturing process. A car whose wheel is installed with missing or cross-threaded bolts may lose a wheel at high speed, injuring or killing the driver and passengers. If it is proved that the car was manufactured with that defect, the manufacturer will be liable. The same can be applied to a medical device that was improperly manufactured and therefore causes harm to someone seeking medical attention.

In all cases of product liability, it is essential to the success of the case that the product be preserved and that all paperwork showing the origin of the product is made available. Receipts showing purchase, any repair records, etc., can be vital to building a successful case. A defective product attorney  will gather and preserve all relevant evidence to best support your claim.

What Compensation Can I Expect from Product Liability Claims?

All personal injury cases are unique, and each product liability claim will be different. The compensation that an injured consumer will receive from their claim will depend on the injuries and expenses you incurred as a result of a faulty product. In order to receive maximum compensation, you will need to consult with a personal injury lawyer with experience in product liability cases.

In product liability cases, an injured consumer will be able to file claims to receive compensation for damages. Damages are both economic and non-economic. Examples of economic compensation, which have a direct monetary value, include:

• Medical expenses due to the injuries or side effects caused by the product;
• Physical therapy and/or rehabilitation costs; and 
• Lost wages and/or decreased earning capacity for the future due to the effects of the injuries.

However, there are also damages that do not have a set monetary value, and are therefore considered to be non-economic. These damages still were caused by the product, and the injured consumer deserves to receive the maximum compensation for these as well. Non-economic damages include things like:

• The mental anguish caused by a harmful accident;
• Periods of pain and suffering; and
• Loss of enjoyment of life.

 A personal injury lawyer experienced in defective product cases can help you file for compensation. Do not take a deal from an insurance company that wants to pay you as little as possible - speak to an attorney experienced in these practice areas.

Common Product Defects in Product Liability Lawsuits

Unfortunately, there are many products for which it has become known that the product causes harm to consumers. Some examples include;

• RoundUp herbicide linked to non-Hodgkin’s Lymphoma;
• Talc Baby Powder leading to the development of mesothelioma and/or ovarian cancer;
• Cancer-Causing Benzene Found in Dry Shampoos by Procter and Gamble;
• IKEA Bibs Recalled Due to Choking Risk;
• Breast Implants Tied to Rare Form of Cancer;
• Fisher-Price Rock ‘n Play sleeper leading to infant death; 
• And more!

Consulting a Product Liability Lawyer at an experienced Law Firm

If you think you or someone you know has suffered an injury due to a dangerous or defective product, contact the defective product lawyers  at  The Rothenberg Law Firm LLP at 1-800-624-8888 or submit an InjuryLawyer.com online free case evaluation. There is NO CHARGE  for the initial consultation with a product liability attorney. If we agree to handle your case, we will work on a contingency fee basis. This means we get paid for our services only if there is a monetary recovery of funds.

In many cases, a product liability lawsuit has to be filed before an impending expiration date, known as the Statute of Limitations. It is critical, therefore, to please call our product liability law firm right away to ensure you are not waiving your rights to possible compensation.

It is impossible to make generalizations about the value of any product liability case without knowing the details of the injuries and the manner in which the accident took place. Depending on the situation, there may be a lawsuit for your case based on negligence, strict liability or breach of warranty. The law allows recovery for a wide range of situations, many of which may not be readily apparent to the injured party. This includes past medical bills, future medical and rehabilitation costs, therapy, lost past wages, lost future income, pain and suffering, and more. An experienced personal injury attorney will fight to obtain money for you to compensate you for all of your damages, past, and future.