Defective Products / Products Liability Cases

Thousands of Americans are seriously injured by unsafe products each year. Defective products can cause injury, catastrophic injury, disfigurement, chronic illness, amputation, permanent disability and even wrongful death. The product itself may be defective or it may be mislabeled or it may lack the required warnings for its use, storage, etc. The prevalence of product recalls in the news shows how many different products may be defective or dangerous, from automobiles to drugs, medical devices, food, household chemicals, child car seats, toys, and many other things.

It is not uncommon for products to be on the market for years before they are discovered to be defective or hazardous to consumers' health and safety. Frequently it is only discovered after many victims have received debilitating injuries or suffered disabling illnesses due to the use of these products. Determining who is responsible for these defects can be complicated. It can be the manufacturer, the designer, the distributor, the hospital, the pharmaceutical company, the farming company, and a whole host of other potentially responsible parties.

If you are injured or made sick by a defective or hazardous product, you may be able to file what is commonly called "a products liability claim." If you find you are one of a large group of people who have had a similar injury or illness caused by a defective or hazardous product, you may become part of a class action lawsuit.

Most product liability claims will fall under one of these categories:

  • Manufacturing Defect - occurs during the manufacturing process, frequently involving use of improper materials or ingredients, methods of construction or shoddy workmanship.

  • Design Defect - occurs during the initial development of the product and the product specifications, although manufactured correctly, are dangerous. For example, a baby's crib could be improperly designed so that the baby's head could get caught in between the bars on the sides of the crib.

  • Failure to Warn - certain products carry inherent and non-obvious dangers which could be mitigated or even eliminated by providing adequate warnings to the user/consumer. These dangers exist regardless of how carefully the product was manufactured or designed. Cigarettes are a good example of such a product.

Although almost any product can be defective, not every accident associated with every product is grounds for a product liability lawsuit. The Law Offices of Timothy A. Green can evaluate the facts of your case and explain the relevant laws to you. If it is determined that you do have grounds for a legal action, you may seek compensation for any medical expenses, scarring or disfigurement, lost income, loss of future income, and pain and suffering. If you have been injured by a product, take photos, record the date and time, and keep the product in a safe place, take the names and contact information of any witnesses to the occurrence. Your purchase receipt any instruction pamphlet that came with the product could also be useful.

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