What Type of Lawyer Do I Need for Injury from a Defective Product?
An injury from a defective product requires the skills and knowledge of lawyers who handle product liability cases on a regular basis. These lawyers have sufficient financial resources and support staffs of attorneys, investigators, paralegals, and experts who can take on these often complex cases.
A product liability case involves a product that has been defectively designed, manufactured, or marketed to consumers who use the item in the manner intended and which causes them harm.
Examples of Product Liability Claims
Examples of product liability cases include:
- Defective drugs--often litigated as mass tort cases
- Exploding tires
- Airbags that fail to deploy
- Faulty child booster seats
- Failure to warn of dangers if not used in intended manner
- Products with inadequate or no safety rails, guards, or automatic shut-off devices
Lawyers who handle product liability cases generally pursue one or more of three types of claims: a defect in manufacture, a defect in design, or a failure to sufficiently warn users of how to properly use the product.
Defect in Manufacture
These cases include products that have a defect when it leaves the manufacturing facility, such as a cracked auto frame or mold in a batch of prescription drugs. If the cracked frame breaks down and directly causes an injury, or the mold in a drug causes illness directly attributable to the defect, the attorney can claim direct causation.
Obviously, these defects were not intended by the manufacturer, but regardless of how careful the manufacturer was, it can still be held liable under strict liability rules. Under these rules, your lawyer needs only to show the defect existed and caused the injury.
Product liability claims attack the manufacturer’s design standards as inadequate or below the standard of care expected of similar designs. Depending on the jurisdiction, some courts hold that certain products are defective if not safe for their intended and foreseeable use, such as a car that will flip if turning a corner at a certain speed.
Failure to Warn
Certain products are expected to have guidelines and warnings that adequately and clearly warn the consumer about how to assemble and use the product, and what foreseeable dangers may occur if not used as intended. These products are manufactured and designed adequately but fail to warn the user of certain dangers.
A common liability claim is associated with certain drugs when a manufacturer fails to include a warning that its use can cause serious complications if used by certain individuals or if taken in combination with certain other medications.