Products Liability
Products are not perfect, and many of the products that are available for sale in the United States today are flawed. In most cases, the imperfections are harmless: perhaps the clogged spray nozzle won’t spritz or the cat food can is slightly dented. However, there are times when product defects inflict serious harm and sometimes kill people.
Dangerous and deadly products in the American marketplace have included many common everyday items, such as baby swings, infant car seats, Firestone tires, Ford Pintos, oil refinery equipment, assembly line conveyor belts, and disposable cigarette lighters. Prescription drugs and medical devices are a particular type of dangerous product which has been known to cause serious injury and death.
Defects in Product Lines versus Fatal Flaws in an Individual Product
All too often, despite the best efforts of manufacturers and a variety of legal protections at the state and federal level, an entire product line will be dangerous flawed. When a product line is defective as a whole, there is usually a voluntary national recall by the manufacturer. These recalls are usually broadcast by the national and local media, and manufacturers also attempt to notify known buyers directly. Recalls are also implemented by governmental agencies like the FDA.
Sometimes, the product line isn’t harmful – but there but one particular product in that line that is dangerously defective. These are much more likely to be the cause of harm, because their dangerous propensity to harm is silent until an accident or wrongful death occurs.
Products Liability Law Exists to Protect Victims of Dangerous Products
Product liability law exists to help victims of defective products. State and federal laws exist to make companies responsible to those who have been harmed by the company’s products. Under these laws, defects in a product occur three different ways: (1) in a design that is inherently unsafe; (2) in errors during manufacturing; or (3) in deceptive advertising, where there were inadequate safety warnings or bad labeling. Plaintiffs must provide evidence that one of these causes exists, as well as providing admissible evidence of actual damages (usually in the form of medical expenses, lost wages, etc.)
Under products liability law, when the entire product line is faulty, victims usually join each other in a 'class action' lawsuit against the manufacturer, distributor, and others who may be jointly responsible for the unsafe product. When a single product is dangerously defective, then a single lawsuit by a sole plaintiff may be filed.
Complex Personal Injury Cases Need Experience Products Liability Lawyers
In either situation, claims must be investigated and pursued against various manufacturers, distributors, and suppliers of the product, and expert testimony must be gathered. Experienced products liability injury attorneys are vitally important to a products liability plaintiff because of the complexity of these types of cases.
If you or a loved one has suffered a personal injury or wrongful death due to a defective product, then please feel free to contact the experienced trial attorneys at Fischer & Associates, LLC to schedule a free, initial legal consultation.
Our top trial lawyers are dedicated to helping the injured find justice and the firm of Fischer & Associates, LLC stands ready to help you. We can be reached locally at (205) 423-8504 or toll-free at (866) 557-8504.