WHAT ARE PRODUCT LIABILITY LAWSUITS?
Product liability lawsuits are those filed against the manufacturer and others involved in the sale and distribution of a product when a product 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.
WHO MIGHT BE NAMED IN A PRODUCT LIABILITY LAWSUIT
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 products 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.
- Bair Hugger Forced Air Warming System: Patients filing Bair Hugger lawsuits allege that the forced air warming device used during their surgery was designed in such a way that bacterial contaminants were blown by the warm air of the unit, which rose to the ceiling in the operating room, and potentially deposited the bacteria into open surgical sites, leading to serious infections.
- 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.
- Laparoscopic Morcellator: 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 farm workers and home gardeners, alleging that Roundup caused their cancer diagnosis.
If you believe you may have a potential claim for a product liability lawsuit, our law firm can arrange to review your case in a no-cost, no-obligation consultation to discuss the issues surrounding your situation and to explain your legal rights and options to you.