Defective products are items that have some defect that causes injury or harm to a person. These products can be anything from cars and watercraft to children's toys and safety seats. They can also be medical devices and pharmaceuticals. In some cases, the company responsible for the defect has to pay damages for any damages resulting from their negligence. Defective product cases are complex and can turn from personal injury claims into class-action lawsuits. Let's learn a few things about such issues.
What Is a Defective Product Lawsuit?
Defective products frequently cause personal injury, and many consumers have the right to file a lawsuit for compensation. There are several product liability lawsuits, and each state has laws. Typically, a product is deemed defective if the plaintiff can prove it was unsafe for its intended or reasonably foreseeable use. However, proving this can be difficult. Therefore, if you are pursuing a claim, you need help from a personal injury attorney in your state to manage the case.
A defective product can cause a wide range of injuries, from minor to severe. Some can even cause death. Unfortunately, consumers may not recognize the connection between a product defect and their injury, and manufacturers often deny responsibility for the harm. In other words, proving the company's liability can take a long time.
Defective Manufacturing vs Defective Design
Defective manufacturing lawsuits differ from defective design lawsuits based on a different theory of liability. Unlike manufacturing defect cases, which assume that the product was manufactured wrongly, design defect lawsuits attack the manufacturer's design standards and argue that they are inadequate.
Defective manufacturing occurs when a product is improperly produced. It can result in mass product recalls and generate class action lawsuits. One example of a manufacturing defect is a car with a gas leak, which would not have been a safety issue if the tank/car had been properly made. Design defects existed before the product was manufactured. They are inherent flaws that might turn an item unreasonably and unnecessarily dangerous, even if the product works well. One of the most common examples of defective product design is children's toys with choking hazards. One might argue that consumers should expect some items to pose injury risks. It leads us to the next issue regarding defective product lawsuits.
Failure to Warn
A "failure to warn" product lawsuit involves a plaintiff's claim that the manufacturer or seller failed to warn consumers of the product's design, manufacturing, or packaging hazards. The manufacturer may be liable if it knew of a risk but failed to warn consumers. Failure to warn cases typically involve much evidence and may be difficult to prove.
The most widespread example is pharmaceutical companies that "omitted" to list all possible drug side effects or claimed that a drug did not cause specific adverse effects. Infamous cases like the Zantac lawsuits, the manufacturer allegedly knew that the medication was contaminated with NDMA and allowed the population to take it. The Zantac class-action lawsuits are far from the beginning, let alone from concluding.
How Can a Lawyer Help with a Defective Product Lawsuit?
If a defective product has caused injury, a lawyer can help you build a strong case. Defective products can be dangerous, resulting in serious injuries. A lawyer can help you fight against the manufacturer, using state product liability laws to your advantage.
There are laws in each state governing these cases, including deadlines, rules on who can file, and requirements for bringing a lawsuit. These lawsuits can be filed against the manufacturer, designer, and distributor. Your attorney can help you navigate these laws and ensure your case is handled correctly, so you can focus on recovering from your injury.
A successful case may result in monetary compensation for your injuries. In class-action lawsuits, juries can impose punitive damages on the at-fault parties. In personal injury cases, compensation can include medical bills, lost wages, lifestyle changes due to disability, etc.
Bottom Line
If a product harmed you, the best way to deal with the situation is to get a personal injury lawyer versed in product liability laws. They can maximize the compensation you could get and be there every step of the way until you obtain a fair settlement. In addition, look for a law firm versed in class-action lawsuits. Your case may be a small one (you got a burn by using a hair dryer with incomplete user instructions) or a massive one (your car was unsafe to drive, your medication caused your cancer, or your food made you sick). In the latter cases, you were probably not the only victim. An attorney who knows their way around MDLs and state-wide lawsuits might be your only chance to recover.
