Injured by a defective product and need free legal advice? Call 1-800-ATTORNEY (1-800-288-6763)!
Suffering harm due to a dangerous or defective product can be a devastating and life-altering experience, and many people have concerns about the legal costs associated with seeking justice for their injuries. There’s a common misconception about how much you’re expected to pay for legal representation in a product liability case. In fact, there’s so much misinformation out there that most people don’t realize that it’s possible to get free and low-cost legal help for their situation.
24-Hour Free Product Liability Legal Help Hotline
If you have been injured by a defective product and need knowledgeable legal guidance, call 1-800-ATTORNEY today to discuss the facts of your case with an experienced product liability lawyer (calls accepted 24/7).
Whether you’ve been harmed by a defective vehicle, dangerous drug, faulty appliance, or any other type of unsafe product, your best bet is always going to be finding a local product liability attorney who offers free consultations.
When you call 1-800-ATTORNEY (1-800-288-6763), you’ll be connected with a product liability lawyer in your area who’s familiar with the product liability laws in your state, who’s willing to listen to your concerns, and who can explain the options available to you moving forward. Calls are answered 24 hours a day!
Have you ever used a product according to its instructions, only to be injured by a malfunction or defect? You are not alone. These injuries can range from minor cuts and scrapes to life-threatening conditions, causing significant physical, emotional, and financial hardship.
Many of these injuries are preventable. A product manufacturer has the legal responsibility to ensure their products are safe for consumers. When a product fails to meet these safety standards and causes harm, you may be entitled to compensation for your injuries under product liability law.
At 1-800-ATTORNEY, our defective product lawyers understand the complexities of these cases. We are dedicated to holding negligent manufacturers accountable and protecting your rights. We will work tirelessly to investigate your claim, gather evidence, and fight to get you the compensation you deserve for medical bills, lost wages, pain and suffering, and other damages. We operate on a contingency-fee basis, meaning we don’t get paid until after helping you win your case.
What is Product Liability?
Have you been injured by a product that malfunctioned or had a hidden defect, even though you used it correctly? This is where product liability law comes in.
Product liability holds manufacturers, distributors, and even sellers responsible for placing unsafe products in your hands. If a dangerous or defective product injures you, you may have a product liability claim. This could involve a design defect, a manufacturing flaw, or inadequate warnings.
Product liability lawyers can help you navigate product liability lawsuits and fight for compensation for medical bills, lost wages, and pain and suffering. Call 1-800-ATTORNEY today for a free legal consultation and see if you have a case.
Common Product Liability Cases
As consumers, we expect the products we purchase and use to be safe and function as intended. Unfortunately, dangerous or defective products find their way into homes and workplaces far too often, resulting in serious injuries and life-altering consequences.
According to Injury Facts, over 12 million people are treated in emergency rooms for injuries related to consumer products each year.
At 1-800-ATTORNEY, our experienced product liability lawyers have represented clients across a wide range of product liability cases involving:
Defective Medical Devices
Faulty medical devices like hip or knee implants, pacemakers, birth control products, and more can fail catastrophically, leading to severe health complications or the need for revision surgery. Product liability claims in these cases frequently cite design defects or manufacturing defects that rendered the devices unsafe.
Dangerous Children’s Products
No parent wants to see their child harmed by a toy, clothing item, or nursery product. However, product liability lawsuits unfortunately arise when poor design, lack of warning labels, or other issues with cribs, car seats, strollers, and playthings cause injury to kids.
Faulty Automotive Parts
From tire blowouts to brake failure, airbag malfunctions, and more, defective automotive components have disastrous potential when they fail at high speeds. Car manufacturers can be held liable if car accidents and injuries arise from faulty parts.
Household Appliances and Tools
Common household items like power tools, kitchen gadgets, electronics, and appliances all carry potential risks if manufacturers cut corners on safety. Injuries may occur due to heating/fire hazards, lack of proper warnings, or other product defects.
No matter what type of dangerous or defective product caused your injury, the product liability attorneys at 1-800-ATTORNEY have the knowledge and track record to fight for the maximum compensation you deserve. We thoroughly investigate each case, gather evidence, consult experts if needed, and build a strong claim against negligent manufacturers.
You shouldn’t have to suffer from a preventable injury caused by an unsafe product. Our legal team will advocate tirelessly so you can recover medical bills, lost wages, pain and suffering damages, and more. Don’t wait — contact us today for a free, no-obligation consultation to discuss your product liability case. You may be entitled to significant compensation.
Common Product Liability Injuries
Manufacturers have a legal responsibility to ensure their products are safe. If a product fails these safety standards and causes harm, you may be entitled to compensation for your injuries under product liability law.
Here at 1-800-ATTORNEY, our experienced product liability lawyers understand the different types of injuries caused by defective products and can help you fight for the compensation you deserve.
Let’s explore some of the most common product liability injuries:
Broken Bones and Sprains
Defective products can cause falls, collisions, or malfunctions that lead to broken bones, sprains, and other musculoskeletal injuries. Examples include faulty stairs or railings collapsing, furniture breaking unexpectedly, or exercise equipment malfunctioning.
Burns
Electrical malfunctions, faulty appliance parts, or flammable materials in clothing or toys can cause burns ranging from mild to severe. These injuries can be incredibly painful and leave permanent scarring.
Cuts and Lacerations
Sharp edges on products, shattered glass, or exploding objects can cause cuts and lacerations. While some may heal quickly, others may require stitches and leave permanent scars.
Head Injuries
Defective helmets, falls caused by unsafe products, or objects that come loose and strike the head can all lead to head injuries. These injuries can range from mild concussions to life-threatening brain trauma.
Chemical Exposure
Toxic chemicals in household products, children’s toys, or even building materials can cause a variety of health problems through inhalation, ingestion, or skin contact. Depending on the chemical and the severity of exposure, these injuries can range from skin irritation to organ damage.
Internal Injuries
In some cases, defective products can cause internal injuries that may not be immediately apparent. These can include organ damage or bleeding caused by blunt force trauma or ingestion of harmful substances.
Wrongful Death
In the most tragic cases, defective products can lead to fatalities. If you’ve lost a loved one due to a dangerous or defective product, you may be entitled to compensation for wrongful death.
Remember, this is not an exhaustive list. If you have been injured by any product you believe to be unsafe, it’s important to speak with an attorney to understand your rights.
Proving a Product Liability Claim
To win a product liability case, you’ll typically need to show three main things:
Defective Product
The product you used must have had a defect, meaning it wasn’t safe for its intended use. This defect could be in the design itself (design defect), a mistake during manufacturing (manufacturing defect), or inadequate warnings about potential dangers (marketing defect).
Injury
You must have suffered an injury because of the defective product. This could be anything from minor cuts to severe medical complications.
Proper Use
You were using the product as intended, following all instructions and warnings.
If you’ve been injured by a dangerous or defective product, don’t hesitate to seek help. Contact 1-800-ATTORNEY for a free legal consultation. Our product liability lawyers have a proven track record of success in helping clients get maximum compensation for their injuries. We understand the complexities of product liability law and are dedicated to holding negligent manufacturers accountable.
Remember, you have rights. Don’t wait any longer. Call a personal injury attorney at 1-800-ATTORNEY today and see if you have a product liability claim.
Common Challenges in Product Liability Lawsuits
Winning a product liability case can be complex, but you don’t have to go through it alone. Here are some of the challenges you might face:
Proving the Product was Defective
You’ll need evidence that the product you used had a design flaw, a manufacturing mistake, or lacked proper warnings. This might involve witness statements, expert opinions, or even the product itself.
Demonstrating Your Injury
A clear connection between the defective product and your injury is crucial. Medical records and doctor’s testimony can help establish this link.
Proving Proper Use
The court needs to know you used the product as intended. Receipts, instructions, and witness accounts can be helpful here.
Legal Procedures for Filing a Product Liability Lawsuit
If you’ve been injured by a dangerous or defective product, you may be entitled to compensation through a product liability lawsuit. Here are the typical legal procedures involved:
Consultation with a Product Liability Attorney
The first step is to schedule a free consultation with an experienced product liability lawyer at 1-800-ATTORNEY. They will evaluate the details of your case and determine if you have valid grounds for a claim against the manufacturer, distributor, or retailer.
Filing the Product Liability Lawsuit
If your attorney is convinced you have a strong case, they will file a formal product liability lawsuit on your behalf. This initiates the legal process by laying out the allegations of how the defective product caused your injuries.
Investigation and Evidence Gathering
Your legal team will then conduct a thorough investigation to build your case. This includes obtaining the defective product, reviewing documentation, interviewing witnesses, consulting experts, and gathering medical records and proof of damages.
Demand Letters and Negotiations
In many cases, your attorney will first attempt to negotiate a fair settlement with the defendant’s insurance companies or legal representatives through demand letters. If successful, this can resolve the matter before going to trial.
The Discovery Process
If a settlement cannot be reached, the case moves into the discovery phase. This involves both sides exchanging relevant evidence and information through depositions, interrogatories, and requests for documents.
Mediation or Trial
If your product liability claim still cannot be settled during this process, the next step is either mediation with a neutral third party or taking the case to trial before a judge and jury. Your product liability lawyers will fight aggressively to prove liability and maximize your compensation.
Potential Appeals
In the event an unsatisfactory verdict is reached at trial, you maintain the right to appeal the decision to a higher court with the help of your legal counsel.
Damages in Product Liability Cases
Damages are the financial losses you suffer due to someone else’s negligence. In product liability cases, this means the money you deserve to recover from the manufacturer or seller of the dangerous product.
At 1-800-ATTORNEY, our experienced product liability lawyers fight tirelessly to help injured consumers recover the full extent of damages caused by negligent manufacturers. Depending on the specifics of your case, you could receive compensation for:
Medical Expenses
This includes reimbursement for all past and future medical costs related to treating your product liability injury – hospital stays, surgeries, medications, medical equipment, rehabilitative therapies, and more. We ensure no expense is overlooked.
Lost Wages
If your injuries forced you to miss work, whether temporary or permanent, you can recoup those lost wages and earnings. This also applies to lost future earning potential if you are unable to return to the same job or career.
Pain and Suffering
Product liability injuries often result in substantial physical pain as well as emotional anguish like depression, anxiety, PTSD, loss of enjoyment of life, and more. We fight for maximum compensation for these non-economic damages.
In certain cases where gross negligence by the manufacturer can be proven, punitive damages may also be awarded on top of compensatory damages as further punishment.
You should not have to suffer further by paying out-of-pocket for an injury that could have been prevented. Our product liability attorneys from 1-800-ATTORNEY know how to leverage evidence and expert testimony to demonstrate the full scope of your damages.
Product Liability Class Action Lawsuits
In some cases, a defective or dangerous product may cause widespread harm — injuring numerous consumers across multiple states or even the entire country. When this occurs, product liability attorneys may recommend pursuing a class action lawsuit against the negligent manufacturer.
Class actions allow all individuals who have suffered similar injuries from the same defective product to collectively join together as a “class” in one consolidated legal case. This unified approach provides several key advantages:
Increased Negotiating Power
By banding together, the class wields much greater leverage when seeking a fair settlement from large corporations and their insurance providers. The sheer size of the potential payout motivates defendants to negotiate reasonably.
Efficiency and Consistency
Rather than having thousands of individual lawsuits clogging the courts with repetitive claims, a single class action resolves the common issues consistently for all members in one proceeding.
Shared Resources
The legal fees, expert costs, and other expenses of a complex product liability case can be prohibitive for a single plaintiff. Class members share the financial burden more affordably.
Access to Justice
Some injured consumers may lack the means to take on wealthy manufacturers alone. A class action levels the playing field and ensures access to the court system.
At 1-800-ATTORNEY, our product liability lawyers have successfully represented clients in both national and state-level class action cases against automakers, medical device companies, consumer product manufacturers, and more. We have the resources and expertise to effectively manage these large, multidistrict litigations.
If you or a loved one was injured by a product with widespread safety issues, you may have grounds to initiate or join a class action lawsuit. Our legal team can evaluate your situation for free and discuss your options during a no-obligation consultation.
Don’t go it alone against corporate giants unwilling to take responsibility. Call 1-800-ATTORNEY today and exercise your rights as a consumer to hold negligent manufacturers accountable through collective legal action.
Manufacturer Liability vs. Retailer Liability in Product Liability Claims
When you’re injured by a faulty product, figuring out who to hold responsible can be confusing. There are two main parties you might consider: the manufacturer who made the product and the retailer who sold it to you.
Here’s a breakdown to help you understand the difference:
Manufacturer Liability
Manufacturers have a legal duty to design, create, and sell safe products. This means if a defect in the product’s design, manufacturing process, or warnings caused your injury, the manufacturer could be liable. For instance, a toy with a small, detachable part that a child could choke on might be a design defect.
Retailer Liability
In some cases, retailers can also be held responsible for product injuries. This might happen if the retailer:
- Tampered with the product: If a store alters a product in some way that makes it unsafe (like removing safety features), they could be liable.
- Failed to warn of known dangers: If the manufacturer didn’t warn about a product defect and the retailer knew or should have known about it, they might share some of the blame.
Investigating Product Defects: Gathering Evidence and Expert Testimony
Proving liability in a product liability case requires far more than just demonstrating you were injured by a product. To succeed, your legal team must conduct an exhaustive investigation to uncover the specific defect that rendered the product unreasonably dangerous.
At 1-800-ATTORNEY, our experienced product liability lawyers leave no stone unturned in gathering the critical evidence needed to build a strong, defensible claim against negligent manufacturers. Here are some of the key steps involved:
Secure the Defective Product
Having the actual product that caused your injury is paramount. We ensure it is safely preserved so experts can thoroughly examine it for flaws in design, manufacturing defects, or lack of adequate warnings/instructions.
Review Technical Specifications and Documentation
We obtain and analyze any schematics, design blueprints, quality control records, consumer complaints, and other internal documentation from the manufacturer related to the product.
Conduct Environmental Inspections
If necessary, our team visits manufacturing facilities to inspect the full production process and identify any potential hazards introduced during assembly or quality control lapses.
Consult Subject Matter Experts
We regularly work with renowned engineers, product designers, physicists, biomechanics professionals and other subject matter authorities. Their specialized knowledge is crucial for explaining complex defects to a judge or jury.
Gather Injury Evidence and Medical Records
Proving the full extent of your injuries involves collecting all related medical documentation, bills, physician testimonies and evidence such as photos/videos of your injuries.
Obtain Witness Accounts
Eyewitness statements from anyone who saw the product malfunction or your subsequent injuries can provide invaluable supporting evidence.
This comprehensive investigation approach allows our product liability legal team to gain a thorough understanding of exactly what went wrong and how it directly led to your damages. With strong evidence, we can effectively establish liability and fight for the maximum compensation you deserve.
Why Hire a Product Liability Attorney?
When a defective or dangerous product causes severe injury, the consequences can be life-altering — from mounting medical bills and lost income to physical pain, emotional trauma, and permanent disabilities.
Pursuing compensation through a product liability claim is often the best recourse, but taking on negligent manufacturers alone is an uphill battle.
This is why having an experienced product liability lawyer in your corner is absolutely crucial. At 1-800-ATTORNEY, our team has an unparalleled depth of knowledge and resources specifically geared toward holding companies accountable for unsafe consumer products.
Here are just some of the advantages of hiring our accomplished product liability attorneys:
In-Depth Legal Experience and Knowledge
Product liability law is a highly complex specialty area. Our lawyers have dedicated their careers to studying the nuances of defective product cases, from design and manufacturing flaws to marketing defects and breach of warranty claims. We understand the intricacies that can make or break a claim.
Extensive Investigative Capabilities
Building a compelling product liability case requires extensive evidence gathering and investigation. Our legal team has access to engineers, scientific experts, and other subject matter authorities who analyze defects. We also possess the resources to inspect manufacturing facilities if needed.
Tough Negotiations and Litigation
Manufacturers are incentivized to minimize payouts, so they hire powerhouse lawyers to fight claims ruthlessly. Our battle-tested litigators have taken on the biggest corporations and negotiated millions in settlements. We do not back down from bringing cases to trial if needed.
Financial Resources
Product liability litigation can involve costly expert witnesses, travel for investigations, and other expenses that add up quickly. We invest upfront and are not paid unless we recover compensation for your damages – so there is no financial risk for you.
Proven Track Record
Over our decades of experience, our product liability law firm has secured numerous multimillion-dollar verdicts and settlements for clients harmed by faulty medical devices, automobiles, children’s products, tools, and more. Our reputation precedes us.
If a preventable injury from a defective product has turned your life upside down, you need the top product liability lawyers fighting for your rights and future. Contact 1-800-ATTORNEY today for a free, no-obligation case review and discover how our legal team can maximize your compensation.
Statute of Limitations for Product Liability Claims
There’s a reason to act quickly after a product injures you. Every state has a deadline, known as the statute of limitations, for filing a product liability lawsuit. This time limit restricts how long you have after your injury to take legal action. Missing this deadline could permanently bar you from seeking compensation.
It’s crucial to consult with a product liability lawyer as soon as possible. They can advise you on the specific statute of limitations in your state and ensure you don’t miss this critical deadline.
Why You Should Pursue Product Liability Cases
When a preventable injury occurs due to a dangerous or defective product, it’s only natural to feel a mixture of anger, confusion, and uncertainty about what to do next. Some may be hesitant to take legal action, worrying it could be a lengthy, costly process.
However, there are compelling reasons why you should strongly consider pursuing a product liability case with the help of an experienced attorney.
Hold Negligent Companies Accountable
Product manufacturers have a legal and moral obligation to ensure their products are safe for consumer use before releasing them to the market. When they breach this duty of care by allowing defective products to cause harm, it’s imperative they face consequences. A successful product liability claim sends a strong message that such negligence is unacceptable.
Promote Public Safety
In addition to potential monetary damages, product liability lawsuits often compel negligent companies to initiate recalls, improve safety standards, and redesign hazardous products. This prevention of future injuries protects the broader public and incentivizes other manufacturers to prioritize consumer safety.
Recover Financial Compensation
The damages from a catastrophic product failure can create overwhelming medical expenses, lost income if unable to work, significant pain and suffering, and other economic/non-economic losses. You shouldn’t be forced to bear this unfair burden alone. Filing a claim is the best path to recovering full and fair compensation.
Access to Invaluable Legal Resources
Product liability litigation is highly technical and complex, often requiring analysis from engineering experts, researchers, and other costly specialists that individuals can rarely afford independently. Established product liability law firms invest substantial resources toLevel the playing field against corporate legal teams.
Gain a Powerful Advocate
Taking on multinational manufacturers and their battery of corporate lawyers is an uphill battle for individual consumers. Having an accomplished product liability attorney devoted to zealously fighting for your rights and best interests maximizes your odds of prevailing.
FAQs on Product Liability Cases
What is the difference between a manufacturing defect and a design defect in a product liability case, and how does this distinction impact the legal strategy and potential liable parties?
In a product liability case, a manufacturing defect refers to a flaw that occurs during the production process, resulting in a product that deviates from its intended design. On the other hand, a design defect is present in the product’s design, meaning that even if the product is manufactured according to specifications, it is still unreasonably dangerous. The distinction between these two types of defects can significantly impact the legal strategy and potential liable parties.
With a manufacturing defect, the focus is on proving that the specific product that caused the injury was defective due to an error in the production process. In these cases, the manufacturer is typically the primary liable party. However, with a design defect, the entire product line is called into question, and the plaintiff must demonstrate that the design itself is inherently unsafe. In design defect cases, multiple parties may be liable, including the product designer, manufacturer, and even the distributors or retailers.
How does the concept of “foreseeable misuse” apply in product liability cases, and what are the challenges in proving that a manufacturer should have anticipated and warned against such misuse?
Foreseeable misuse is a critical concept in product liability cases, referring to situations where a consumer uses a product in a way that deviates from its intended purpose but is still reasonably predictable. Manufacturers have a duty to anticipate and warn against foreseeable misuse of their products to minimize the risk of injury.
However, proving that a manufacturer should have foreseen and warned against a particular misuse can be challenging. Factors such as the product’s nature, the intended user population, and the likelihood and severity of potential harm resulting from misuse must be considered. Plaintiffs often rely on expert testimony, consumer complaint histories, and industry standards to establish that the misuse was foreseeable and that the manufacturer failed to provide adequate warnings or safety features to mitigate the risk.
In cases involving complex products like medical devices or industrial machinery, what role do expert witnesses play in establishing causation and defect, and how do courts assess the admissibility and credibility of their testimony?
Expert witnesses are crucial in product liability cases involving complex products such as medical devices or industrial machinery. These experts, often engineers, medical professionals, or industry specialists, provide technical knowledge and analysis to help establish causation and the presence of a defect.
Expert witnesses may testify about the product’s design, manufacturing process, safety features, and potential risks. They can also offer opinions on whether the product met industry standards and if the defect directly caused the plaintiff’s injuries. Courts assess the admissibility of expert testimony based on factors such as the expert’s qualifications, the reliability of their methods, and the relevance of their opinions to the case. Daubert and Frye standards are commonly used to evaluate the scientific validity of expert testimony.
The credibility of expert witnesses is often heavily scrutinized, with opposing parties challenging their qualifications, bias, and the basis of their opinions through cross-examination and competing expert testimony.
How do courts handle product liability cases involving injuries caused by products that have been modified or altered by the consumer or a third party after leaving the manufacturer’s control?
Product liability cases involving injuries caused by products that have been modified or altered by the consumer or a third party after leaving the manufacturer’s control present unique challenges. In these situations, courts must determine the extent to which the modification or alteration contributed to the injury and whether the manufacturer should still be held liable.
The key factors courts consider include the foreseeability of the modification, the extent to which the modification altered the product’s safety features or intended use, and whether the manufacturer provided adequate warnings against such modifications. If the modification was unforeseeable or substantially changed the product’s nature, the manufacturer might escape liability.
However, if the modification was minor, foreseeable, or did not significantly affect the product’s safety, the manufacturer may still be held responsible for the injury. Plaintiffs must demonstrate that the product was defective or unreasonably dangerous even before the modification and that this defect played a substantial role in causing the harm.
In cases where a product causes injury due to inadequate or misleading labeling or instructions, how do courts assess the adequacy of the warnings provided, and what factors determine whether a manufacturer breached its duty to warn?
Inadequate or misleading labeling or instructions can form the basis for a product liability claim, known as a failure to warn case. In these situations, courts must assess the adequacy of the warnings provided by the manufacturer and determine whether they breached their duty to provide sufficient information about the product’s risks.
Courts consider factors such as the clarity and conspicuousness of the warnings, the severity of the potential harm, the likelihood of the risk occurring, and whether the warnings effectively communicated the nature and extent of the danger. The target audience for the product and their expected level of knowledge and experience are also taken into account.
To prove a failure to warn claim, plaintiffs must demonstrate that the manufacturer knew or should have known about the product’s risks, that the provided warnings were inadequate or misleading, and that this inadequacy directly contributed to the injury. Manufacturers can defend against these claims by showing that the warnings were sufficient based on industry standards, regulatory requirements, and the knowledge available at the time of the product’s distribution.
Let Us Help You Get the Justice You Deserve
Have you been injured by a product that malfunctioned or wasn’t safe, even though you used it correctly? You’re not alone. Many people get hurt each year by faulty products. These injuries can cause serious medical bills, lost wages, and pain and suffering.
The law protects consumers like you. Manufacturers are responsible for making sure their products are safe. If a dangerous product injures you, you may be entitled to compensation under product liability law.
We understand these cases can be complicated. At 1-800-ATTORNEY, our experienced product liability lawyers can help. We’ll:
- Investigate your claim thoroughly.
- Gather evidence to support your case.
- Fight to get you the maximum compensation you deserve, including medical bills, lost wages, and pain and suffering.
Don’t wait to get help. Call 1-800-ATTORNEY (1-800-288-6763) today for a free, no-obligation consultation. A lawyer can review your case and see if you have a product liability claim. You may be entitled to significant compensation for your injuries.
