Imagine a world where products don’t have to be safe. Manufacturers could focus on making money instead of keeping us safe. Sadly, this is real. Product liability cases have led to huge jury verdicts and settlements in the U.S..
Brian Panish is a top product liability lawyer. He has won over $4.9 billion for his clients, including a big win against General Motors. His team has gotten many multi-million-dollar wins. This shows how important a good lawyer is in making sure companies are held responsible and getting justice for those hurt by bad products.
Key Takeaways
- Product liability lawyers work on cases where products cause injuries or damage.
- They know how to handle the legal process and make sure victims get fair pay.
- Big wins in these cases can lead to huge money awards, sometimes in the billions.
- It’s key to have a skilled product liability lawyer to protect your rights and make companies answer for their actions.
- Don’t wait too long to make a product liability claim, as time limits can be very short.
What Is a Product Liability Lawyer?
A product liability lawyer helps people hurt by faulty or harmful products. They look into what caused the injury, find who is to blame, and build a case to get damages for the victim. These lawyers need to know a lot about laws that protect consumers and how to handle product liability claims. They make sure victims get paid for their medical costs, lost wages, pain, and other issues from the faulty product.
Responsibilities of a Product Liability Lawyer
Product liability lawyers do many things to protect consumers and make sure companies are responsible. Their main tasks include:
- Looking into what caused the injury and finding everyone who is to blame
- Using laws about product safety to build a strong case
- Working with experts like engineers and doctors to make the case stronger
- Talking to companies or getting ready for court to make sure victims get fair pay
- Fighting for victims in cases where products are found to be defective
Product liability lawyers are key in making sure consumers are safe and companies are responsible for their products. They use their knowledge of laws and legal details to help victims of bad products get justice and fair pay.
Types of Product Defects
Understanding the different types of product defects is key in product liability claims. There are three main types: design defects, manufacturing defects, and warning defects.
Design Defects
Design defects happen when a product is unsafe by its design, even if made right. These can come from poor engineering, not enough safety tests, or bad materials. For example, a case like Lewy v. Remington Arms Co. Inc. led to serious harm and damages.
Manufacturing Defects
Manufacturing defects occur when production goes wrong, making the product dangerous. The Boeing 737 MAX grounding shows this well, due to defects that could cause lightning strikes.
Good quality control during making is key to avoid these problems. This is because manufacturing defects are a big part of product liability claims.
| Type of Product Defect | Percentage of Product Liability Claims |
|---|---|
| Design Defects | Big cause of claims, showing a need for better design and testing. |
| Manufacturing Defects | Big part of liability issues, showing the need for strict quality control. |
| Marketing/Warning Defects | Not giving enough warnings or instructions is a big part of claims, showing the need for clear labels. |
Knowing the type of defect is key to a strong product liability case. It helps hold those responsible for the harm.
“Victims of any product defect type may be eligible for financial compensation.”
Working with a skilled product liability lawyer helps clients get the compensation they deserve. They often offer a free first talk.
Common Defective Products
Many consumer products can be dangerous and cause serious harm. This includes things like medical devices, drugs, vehicles, and more. These items might have design problems or safety warnings that make them risky for people to use.
Some of the most common defective products that lead to lawsuits include:
- Medical devices, such as pacemakers, hip implants, and surgical mesh
- Pharmaceutical drugs with hidden side effects or dangerous interactions
- Vehicles and automotive parts, like airbags, tires, and seatbelts
- Toys and children’s products with choking hazards or other safety issues
- Household appliances with fire or electrocution risks
- Construction materials that don’t meet safety standards
It’s important to find and fix these defective products to keep people safe and make sure victims get the compensation they deserve.
| Product | Defect/Hazard | Lawsuits/Settlements |
|---|---|---|
| CPAP Machines | Foam degradation, cancer risk | 2:21-mc-1230 (W.D. Pennsylvania) |
| Paragard IUD | Breakage, migration, perforation | 1:20-md-2974 (N.D. Georgia) |
| Exactech Knee/Hip Implants | Premature wear and failure | 1:22-md-03044 (E.D. New York) |
| Hernia Mesh | Migration, infection, adhesion | 2:18-mn-2873 (D. South Carolina) |
These are just a few examples of defective products that have caused product liability claims and lawsuits. With the help of an experienced product liability lawyer, victims can fight for justice and get the compensation they need.
“The McClellan Law Firm has recovered $250 million in damages for seriously injured clients and the surviving families of those killed in accidents.”
product liability lawyer: Protecting Your Rights
A product liability lawyer is key in protecting those hurt by faulty or risky products. They have the skills and tools to find out what caused the injury, track down those responsible, and build a strong case for compensation. These lawyers know the laws and rules for these claims well. They work hard to make sure victims get the money they need for medical bills, lost wages, pain, and other damages.
Product liability lawyers stand up for their clients’ rights, making sure companies are held accountable for their faulty products. In New York, lawyers at Meirowitz & Wasserberg have won big cases, like a $675,000 settlement for a woman hurt by a defective product. They handle many types of cases, including those about dangerous talcum powder, AFFF firefighting foam, and Roundup weed killer.
In New York, you can sue for product liability if a product was made wrong, if it was always dangerous, or if it didn’t warn you of risks. You can get back money for medical costs, lost pay, pain, and other losses. But, you must act fast, as you only have three years to file a claim. In these cases, the maker is always liable, even if they didn’t prove negligence.
Lawyers at Meirowitz & Wasserberg and Rosenbaum Personal Injury Lawyers give free first meetings and work on a no-win-no-fee basis. With their help, people hurt by faulty products in New York can protect their rights and get the compensation they should have.
“Product defects can include manufacturing flaws, design defects, and failure to warn consumers of dangers associated with the product.”
If you’re hurt by a product in New York, even if the injury happened somewhere else, you can still sue if the product’s maker or seller is based in New York. Big wins for product liability lawyers include $200,000 for a personal injury, $235,000 for a slip and fall, and $555,000 for a premises liability injury.
Strict Liability and Negligence Claims
In product liability cases, injured consumers can choose between strict liability and negligence claims. Strict liability means the maker of a faulty product can be sued for harm caused, even if they weren’t careless or wanted to harm anyone. Negligence claims ask the plaintiff to show the product’s maker didn’t act carefully in making or selling it.
Strict liability focuses on the product’s danger, not the maker’s actions. This rule has protected consumers for over a hundred years against harmful or deceitful products13. Negligence claims need proof that the product maker didn’t meet industry standards.
Both strict liability and negligence can be used in lawsuits, and a skilled lawyer will pick the best way to get the most compensation for the injured.
Product liability law makes sure companies are responsible for their products’ safety and quality. By using strict liability or negligence claims, consumers can fight for justice and get compensation for defective products.
Types of Product Liability Claims
Breach of Warranty Claims
Product liability cases can include claims of breach of warranty. This happens when a company promises a product is safe, quality, or performs well, but it doesn’t. These claims don’t need proof of negligence or intent. A lawyer can check if you have a case and help you get the most compensation.
If a company says its kitchen appliance is “built to last a lifetime” but it breaks and causes a fire, you might have a claim. Or, if a car maker says their cars are the safest but a defect causes an accident, you could sue.
A good lawyer uses laws to make companies keep their promises about products. This kind of lawsuit can help victims get paid and make companies focus on making safe products.
The Importance of Acting Quickly
Time is crucial when you’re thinking about a product liability claim. There are strict rules, called statutes of limitations, that tell you how long you have to sue after a product hurts you. In Missouri, you have five years to file a claim17. Waiting too long can stop you from getting the money you need.
Also, important evidence and witness stories can fade away over time. This makes it harder to prove your case. The lawyers at Brown & Crouppen stress the need for quick action to get the right compensation. So, if a product hurts you, it’s key to get a lawyer who knows about product liability as soon as you can.
A skilled lawyer will make sure you follow the right steps, keep evidence safe, and meet deadlines. This can greatly improve your chances of winning17. Brown & Crouppen offers free talks and helps clients through the claims process.
Act fast when you’re dealing with a product liability claim. Laws vary by state, affecting how claims are handled and what you can get. Missing the deadline can mean you lose your chance at compensation, as there are strict time limits.
Product liability law is complex and needs an attorney with deep knowledge to handle it well. A good lawyer will take steps to keep evidence safe, meet deadlines, and help you win.
| Type of Product Defect | Description |
|---|---|
| Design Defects | Flaws in the original product design that make the product unreasonably dangerous, even when manufactured correctly. |
| Manufacturing Defects | Errors that occur during the manufacturing process, resulting in a product that deviates from its intended design and poses a safety risk. |
| Marketing Defects | Inadequate warnings, instructions, or information provided to consumers about known product risks or hazards. |
The effects of a defective product can be mild or severe, depending on the defect and your health. Getting a lawyer quickly is key to making sure you get the compensation you deserve.
Conclusion
When people get hurt by faulty or harmful products, a product liability lawyer is key to getting justice and fair pay. These lawyers know how to deal with the tricky legal stuff of product liability claims. They find all the people who are to blame and build a strong case to make them pay.
They work hard to make sure victims get paid for their medical bills, lost wages, pain, and suffering, and other losses. Product liability lawyers are all about making sure people are safe and companies follow the rules.
Acting fast and using the right legal moves, a product liability lawyer can protect your rights. They show companies that making safe products is a must. These lawyers know the legal stuff well and can help people hurt by bad products.
Whether it’s a dangerous drug, a broken medical device, or a faulty product, a good product liability lawyer can make a big difference. By choosing a skilled lawyer, you’re taking a big step towards getting justice and the compensation you deserve.
FAQ
What is a product liability lawyer?
What are the responsibilities of a product liability lawyer?
What are the main types of product defects?
What are some common defective products that have been the subject of product liability claims?
How do product liability lawyers protect the rights of individuals harmed by defective products?
What are the two primary legal theories in product liability cases?
What is a breach of warranty claim in product liability cases?
Why is it important to act quickly when pursuing a product liability claim?
