If you have suffered an injury due to a faulty product you are due compensation. Contact a defective product attorney to review the details of your injury and begin the process of filing a lawsuit. Product liability lawsuits are filed against the manufacturer and others involved in the sale and distribution of a product that is considered defective or dangerous.
In general, a plaintiff filing a product liability lawsuit must allege that there were defects in the product that fall into one or more of the following categories:
- Design Defects: Product liability lawsuits allege that even before a product was made, there were problems inherent in the design of the product that renders it unsafe.
- Manufacturing Defects: Manufacturing defects alleged in product liability lawsuits state that issues surrounding the production or assembly of a product have made it unsafe.
- Marketing Defects: Failure to properly warn consumers and others, improper labeling of products and instructions which are insufficient to ensure safe use of a product are all among marketing defect claims that may be raised in a product liability lawsuit.
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Who Can be Named in a Product Liability Claim?
When product liability lawsuits are filed, they typically name all defendants who are involved in the product’s chain of distribution. Typically, companies responsible for the design, manufacture, and marketing of the product, as well as distributors, can be named.
- Designer/Manufacturer: Many times, the designer may be the same company that produced the product, but this is not always the case. If defective design is alleged, if a company besides the manufacturer designed the product, it can be separately named in the lawsuit. Additionally, manufacturers of the component parts used to assemble a final product may also be named in a product liability lawsuit.
- Wholesaler/Distributor: Wholesalers, suppliers, distributors, and other companies who are responsible for getting the manufactured product to the retail sector may be named in a product liability lawsuit.
- Retailer: The retail company from which you purchased a defective product may be held liable for selling you a defective product and can also be named in the lawsuit.
Product Liability Lawsuit Compensation
A product liability lawsuit can raise claims of strict liability, negligence, and breach of express and implied warranties.
Strict liability, also known as absolute liability, refers to products that were used in the way they were intended to be used yet pose safety issues due to defects in the product. In cases alleging strict liability, plaintiffs must prove that the defective product caused injury or harm, but they are not required to prove the exact manner in which the manufacturer was careless in producing a defective product.
Plaintiffs may receive compensation for damages related to medical expenses, lost wages and loss of earning capacity, pain and suffering, emotional distress, loss of companionship, and in severe cases wrongful death claims.
If the conduct of the defendant is seen as excessively reckless, compensatory damages or punitive damages may also be recovered.
We can assist you with a variety of product liability lawsuits, including, but not limited to:
Volkswagen Emissions Scandal
Claims stemming from the VW emissions scandal may be eligible for a class-action lawsuit against the manufacturer. Allegations in lawsuits against VW claim that the company intentionally misled the public when it installed a cheat device designed to turn on during emissions tests.
Hip Replacement Devices
Most hip replacement device lawsuits allege that the metal-on-metal design of the product led to metal poisoning in the body, which led to a number of other symptoms and conditions causing damage.
Knee Replacement Devices
Lawsuits against manufacturers of knee replacement devices state that the device failed, and some alleged that they lost a limb due to the allegedly defective product.
Women who underwent a hysterectomy or uterine fibroid removal where a laparoscopic morcellator device was used in a minimally invasive surgery have reported that the device caused their undetected uterine cancer to aggressively spread and become upstaged.
Perforation and IVC Complications
Women who were implanted with an IVC birth control device claim to have suffered from perforation by the device, high intracranial pressure, ectopic and intrauterine pregnancy, pelvic inflammatory disease, and more.
Roundup & Cancer
Studies have linked the main ingredient in Roundup to an increased risk of developing non-Hodgkin’s Lymphoma and other cancers. Roundup’s maker, Monsanto, has been hit with several lawsuits filed by those who worked with Roundup, including farmworkers and home gardeners, alleging that Roundup caused their cancer diagnosis.
Contact a Defective Product Attorney
If you believe you may have a potential claim for a product liability lawsuit contact our law firm. We can arrange to review your case in a no-cost, no-obligation consultation, discuss the issues surrounding your situation, and explain your legal rights and options to you.