Can You File A Lawsuit For An Injury Caused By A Defective Product?

Were you or a loved one injured by a defective product? You may be searching for answers:

• Is the manufacturer liable for my injuries?
• What is product liability?
• Who else could I potentially sue?
• What type of damages could I recover in a lawsuit?

Our experienced injury lawyers are here to help you recover the compensation you deserve.

As consumers in the US, it's easy to take our safety standards for granted. We expect that anything we can purchase on the open market is completely safe for use. Otherwise, how would it have gotten on the market in the first place? But this sense of security often proves to be a false one.

Each day, countless Americans are injured by defective products. According to the Consumer Product Safety Commission (CPSC), in 2010 over 38.5 million people sought medical care related to a consumer product. Not all of these injuries were directly related to a defective product, but it gives you a sense of how common product-related injuries are.

About Product Liability

It's unreasonable to expect consumers to inspect products themselves. While a quick evaluation is possible, most of us are not trained to spot underlying defects in the products we buy.

The manufacturers, distributors, and sellers of these products owe a duty of care to their customers. We're paying for products we expect to work properly and safely. A failure to meet safety standards violates this duty.

Manufacturers must do all that they can to make their products as safe as possible, and warn the public about any potential dangers through labels and media announcements. Sellers also have a duty to pass these warnings on to their customers prior to purchase.

If a defective product causes an injury, one or more of these parties could face a product liability lawsuit.

Product Recalls

The CPSC is an organization which protects consumers from dangerous products. When a product is defective, it's only a matter of time before the manufacturer finds out about the dangers. This usually results in a product recall, in which the defective products are removed from store shelves and consumers are alerted to the dangers.

By the time a recall happens, hundreds or thousands of consumers may have already been injured by the product. Recalling the product is the right move for protecting public safety, but it can't undo these injuries. Those victims who suffered injuries before a recall may wish to file a product liability suit against the manufacturer.

Common Examples

No industry is immune from defective products leading to injuries. In recent years, victims have suffered injuries related to defects in the following industries:

Motor Vehicles & Auto Parts

Japanese airbag manufacturer Takata has recalled over 100 million defective airbags after at least 16 people were killed as a result of the defect. American auto manufacturers have recalled over 31 million automobiles because of this defect. In February of 2017, Takata pleaded guilty to fraud charges and agreed to a record $1 billion settlement for victim compensation.

Driving is dangerous enough when everything is operating smoothly. There is no excuse for negligent manufacturers allowing defective parts to endanger motorists who use their products.

Pharmaceuticals

Each day, innocent victims suffer from health complications brought on by defective legal drugs. Manufacturers may have neglected to identify a defect before it was released to the public or may have failed to provide adequate warnings for side effects. Big Pharma sales reps, distributors, doctors, and pharmacists could all be held liable if they played a role in the distribution of a defective drug.

Children's Toys

According to the CPSC, in 2014 there were 251,800 toy-related injuries treated in US emergency departments. Obviously, not all of these were due to product defects - but many were. A study by Clinical Pediatrics found that in 2007, 30 million units of 104 different toys were recalled. Most of these manufacturers attempt to sweep the issue under the rug instead of notifying the public.

Do I Need A Lawyer?

If you or a loved one has been injured by a defective product, you should consider speaking with an experienced product liability lawyer as soon as possible. The manufacturers of these products are often huge multinational corporations with vast legal resources. They will fight with everything they have to avoid paying financial compensation to the victims of their negligence.

The right lawyer will have experience going to war with large companies. He or she will know what to do in order to secure the compensation you need in order to fully recover from your injuries.

A successful product liability lawsuit will award damages for the following injury-related expenses:

• Medical expenses
• Loss of quality of life
• Past and future lost wages
• Property damage or loss
• Pain and suffering
• Loss of consortium in wrongful death cases

If you think you may have a case, you risk nothing by finding out. At The Disability Guys Pennsylvania, we offer free consultations and work on a contingency fee basis. That means you pay nothing unless we win.