Danielle Gold, an associate attorney in Weitz & Luxenberg’s Drug and Medical Device Litigation group, will participate in a discussion on Stryker’s LFIT V40 hip…Read More
A man injured by a broken chain saw blade despite following every precaution. A child poisoned by lead in her toys. A woman burned by faulty wiring.
Defective or dangerous products are responsible for thousands of injuries each year. By 2011, the number of product liability cases filed jumped above 60,000 according to the U.S. Courts.
The U.S. Consumer Product Safety Commission states there are 300-350 product recalls each year. Most of these recalls involve children’s products and toys.
Other products recalled because of defects or dangerous conditions include automobiles, tires, furniture, household appliances, tools, and safety equipment, such as smoke detectors and fire alarms. These products are designed for our safe use, so when they fail because of defects they can cause serious personal injury including brain injury, spinal cord injury, paralysis, blindness, scarring, pain, suffering and even wrongful death.
Examining Each Product Case by Case
Product liabilities involve defectively designed or manufactured products; products not living up to their respective warranties or guarantees; products that cause injury due to normal use and products that have unclear, and incorrect or incomplete instructions or guidelines for use and therefore cause injury or damage.
Under any theory of liability, a plaintiff in a product liability case must prove that the product that caused injury was defective, and that the defect made the product unreasonably dangerous. There are three types of defects that cause injury and give rise to manufacturer or supplier liability: design defects, manufacturing defects, and marketing defects.
Design defects are present in a product from the beginning, even before it is manufactured, in that some aspect of the product’s design is inherently unsafe. Manufacturing defects occur in the course of a product’s manufacture or assembly. Marketing defects are flaws in the way a product is marketed, such as improper labeling, insufficient instructions, or inadequate safety warnings.
Normally, the law requires that a product meet an “ordinary” level of consumer expectations. When a product has an unexpected defect or danger, the product cannot be said to meet the ordinary consumer expectations. There is no federal product liability law. Product liability claims are based on state laws, and brought under the theories of negligence, strict liability, or breach of warranty.
Get Compensation for Defective Products
In this world there are so many ways for a product to fail and injure someone or damage property. We are well-versed in suits for all types of product malfunction, and can draw on our own case history to achieve the best possible outcome for you.
If you have been injured by a defective product, the law is on your side. You may have a cause of action against the persons who designed, manufactured, sold or furnished that product. The law has changed from caveat emptor (“let the buyer beware”) to strict liability for manufacturing defects that make a product unreasonably dangerous. Contacting our attorneys is the first step to getting fair compensation.
The experienced product liability lawyers at Weitz & Luxenberg want to see that you receive compensation for your physical injuries, medical bills, lost wages and pain and suffering. Our attorneys will be at your side to guide you through the process, but first we need you to fill out the form so we can better address your needs and get you the fairest compensation possible
How Weitz & Luxenberg Can Help
As a nationally recognized personal injury law firm, Weitz & Luxenberg is committed to helping clients win cases. For more than 25 years, we have dedicated ourselves to holding irresponsible practitioners accountable, and we have won $17 billion for our clients.
We would feel privileged to assist you. For a free consultation and more information about your legal options, please call us at 800-476-6070. If you prefer, you can complete our form, and our client relations representative will contact you shortly.