What is Product Liability?
Product liability refers to the legal responsibility of manufacturers, distributors, and sellers for harm caused by defective or dangerous products. If a product you purchased or used caused injury or harm, you may have the right to file a product liability claim. These cases are based on the concept that companies should be held accountable for ensuring their products are safe for consumers to use.
At Schnepper Law, we are committed to holding negligent manufacturers and sellers accountable for putting unsafe products in the hands of consumers. If you’ve been injured by a defective product, our experienced attorneys are here to help you seek justice and compensation.
Types of Product Defects
Product liability claims can arise from three main types of product defects:
1. Design Defects:
These are inherent flaws in the product’s design, making it dangerous or unreasonably hazardous, even before it is manufactured. For example, a car design that makes it prone to rollovers, or a medical device designed in a way that increases the risk of malfunction.
2. Manufacturing Defects:
These occur during the product’s manufacturing process, resulting in a defect in a single or batch of products. Even if the product’s design is safe, mistakes in the production process, such as using substandard materials or failing to follow proper protocols, can make the product dangerous. For example, a toy with a broken part, or a medication that contains the wrong dosage due to a manufacturing error.
3. Marketing Defects (Failure to Warn):
These defects arise when a manufacturer fails to provide adequate instructions, warnings, or labels about potential risks or hazards associated with the product. For example, a cleaning product without warning about its potential toxicity or a pharmaceutical drug that lacks proper side effect information.
Common Types of Product Liability Cases
Product liability cases can involve a wide range of products, and injuries can occur in many different circumstances. Some common examples include:
Defective Consumer Products
Household items, children’s toys, or appliances that malfunction or fail to operate safely.
Defective Automobiles
Accidents caused by faulty brakes, airbags, seatbelts, or other automotive defects.
Pharmaceutical Drugs
Dangerous drugs that cause harm due to unlisted side effects, incorrect dosages, or contamination.
Medical Devices
Products such as pacemakers, hip implants, and surgical instruments that malfunction, fail, or cause injury to the user.
Toxic Products
Chemicals, cleaning agents, or pesticides that cause harm when used improperly or without proper warnings.
Food and Beverages
Contaminated or misbranded food products that cause illness, allergic reactions, or injury.
Workplace Equipment
Power tools, machinery, or construction equipment that are defectively designed or manufactured and cause accidents at work.
Proving Product Liability
To succeed in a product liability case, your attorney will need to prove several elements, including:
1. The Product Was Defective:
Whether the defect was in the design, manufacturing, or marketing of the product, you must prove that the product was defectively designed or manufactured.
2. The Defect Was the Cause of Your Injury:
You must demonstrate that the product defect directly caused your injury or harm. This requires strong evidence, such as medical records, expert testimony, and other documentation.
3. The Product Was Used as Intended (or Reasonably Foreseeable Use):
You must show that the product was used in the manner intended by the manufacturer, or in a way that could be reasonably foreseen by them. For example, if a lawnmower is sold with a safety guard that doesn’t work, and the user is injured while attempting to operate the mower, this could be grounds for a claim.
4. The Injury Resulted in Damages:
You must prove that you suffered damages as a result of the injury, such as medical bills, lost wages, or pain and suffering.
Types of Compensation in a Product Liability Claim
If you have been injured by a defective product, you may be entitled to compensation for the following damages:
Medical Expenses:
Coverage for both current and future medical treatment related to the injury caused by the defective product.
Lost Wages:
Compensation for any time you missed from work due to your injury, including future lost earning capacity if your injury affects your ability to work.
Pain & Suffering:
Compensation for the physical pain and emotional suffering you endured due to the injury.
Property Damage:
Reimbursement for damaged property, such as a vehicle or personal belongings damaged by a defective product.
Punitive Damages:
In cases of extreme negligence or intentional misconduct, punitive damages may be awarded to punish the manufacturer and deter future wrongdoing.
How Schnepper Law Can Help
At Schnepper Law, we understand how life-changing product defects can be. We fight tirelessly for the rights of consumers who have been injured or harmed by dangerous products. Our team of experienced attorneys will work closely with you to ensure your case is handled with the attention and expertise it deserves.
We offer:
Comprehensive Case Investigation:
We will thoroughly investigate the cause of your injury, working with experts to determine whether the product was defectively designed, manufactured, or marketed.
Strong Legal Advocacy:
Whether through negotiations or litigation, we will fight for the compensation you deserve, holding manufacturers, distributors, and sellers accountable for their negligence.
Expert Testimony:
We work with industry experts, engineers, and medical professionals to support your case and demonstrate the defectiveness of the product.
No Upfront Fees:
We work on a contingency fee basis, meaning you don’t pay anything unless we win your case. Our commitment is to help you recover without adding financial burden.
Steps to Take After Being Injured by a Defective Product
If you’ve been injured by a defective product, take these important steps:
1
Seek Medical Attention
Always prioritize your health and well-being. Get treated for your injuries as soon as possible, even if they seem minor.
2
Preserve the Product
Do not discard or modify the defective product. If possible, keep it in its original condition and take photos of any damages or defects.
3
Document your Injuries
Keep track of your medical treatments, symptoms, and how the injury affects your daily life. This will be essential for building your case.
4
Consult a Product Liability Attorney
Contact an experienced lawyer as soon as possible to discuss your case. Evidence needs to be preserved, and the statute of limitations for filing a product liability claim can vary by state.
Statute of Limitations
Contact Us Today
If you or a loved one has been injured by a defective product, you may be entitled to compensation. At Schnepper Law, we have the knowledge, resources, and commitment to hold responsible parties accountable and help you recover damages.
Contact us today for a free consultation to learn more about your legal rights and options in a product liability case.