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Product Liability Lawsuit

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What is Product Liability?

Product liability refers to the legal responsibility of manufacturers, distributors, and sellers for harm caused by their products to consumers. This can include defects in design or manufacturing that result in injuries, or even death. Product liability legislation aims to ensure that businesses place safety first and take responsibility for the goods they sell.

Types of Product Liability Claims

Product liability claims can generally be categorized into three main types:

Manufacturing Defect

A product is manufactured incorrectly or with a defect that makes it unsafe for its intended use due to a flaw in the manufacturing process. These claims typically involve issues such as poor workmanship, substandard materials, or errors in assembly that render potential harm to consumers. Examples include a car with a faulty brake system due to an assembly error, or a toy with small parts that pose a choking hazard because they were improperly attached.

Design Defect

A design defect claim alleges that a product poses an unreasonable risk due to a design flaw or inadequacy in design. Unlike manufacturing defects, which occur during the manufacturing process, design defects stem from inherent flaws in the product’s design, rendering it unsuitable for its intended usage. Examples include a ladder with steps that are too slippery, making it prone to accidents, or a medication with side effects that were not adequately considered during the design process.

Failure to Warn

These claims occur when a manufacturer fails to provide adequate warnings or instructions about the potential risks associated with using a product. Even if a product is manufactured correctly and designed safely, manufacturers have a duty to warn consumers about any dangers that may not be immediately obvious. Examples include medications that do not adequately warn about potential side effects or household cleaners that do not caution against mixing them with other chemicals.

Each type of product liability claim requires different legal arguments and evidence to prove, but they all center around the idea that consumers have a right to expect that the products they purchase will be safe when used as intended. When manufacturers fail to meet this expectation, they may be held liable for any resulting harm or injuries.

What can I recover in a Product Liability Lawsuit?

In a case involving product liability, damages refer to the financial compensation sought by the person filing the lawsuit for any harm caused by a defective product. Damages in product liability cases can include various types, depending on the nature and extent of the harm caused. Some common types of damages sought in product liability cases include:

Medical expenses: Costs related to medical treatment, hospitalization, surgery, therapy, medication, and rehabilitation.
Lost wages: Compensation for income lost due to time taken off work for medical treatment or recovery.
Loss of earning capacity: Compensation for reduced ability to earn income in the future due to permanent injuries or disabilities caused by the defective product.
Pain and suffering: Compensation for physical pain, emotional distress, and psychological trauma caused by the injuries.

Loss of Consortium: In cases where the injuries caused by the defective product affect the plaintiff’s relationship with their spouse or family members, damages may be sought for loss of consortium. This type of damage compensates the plaintiff’s spouse or family members for the loss of companionship, care, assistance, and affection resulting from the injuries.

Wrongful Death Damages: If a defective product causes the death of a person, their surviving family members may pursue wrongful death damages. These damages may include compensation for funeral and burial expenses, loss of financial support, loss of companionship, and emotional distress.

The compensation awarded in a product liability case will vary depending on factors such as the severity of the injuries, the impact on the plaintiff’s life, the defendant’s conduct, and the laws of the jurisdiction where the case is heard.

We can evaluate your case during a free consultation. There is no fee unless we win.

Do you have a question about a product liability injury? We can evaluate your case during a free consultation. There is no fee unless we win. Schedule your free consultation at 800-359-5690.

defective prescription drugs

Injuries on commercial properties can occur in many environments. Commercial properties are places of business accessible to the public or a specific group of workers. A commercial facility is often considered one of the following:

Retail stores
Shopping malls
Restaurants
Bars
Office buildings
Construction sites
Gyms or recreational facilities
Hotels and resorts
Schools and daycare centers.

Property owners and occupiers have a legal obligation to ensure their premises are safe for those who enter. No matter how you were injured, we may be able to help you recover the money you deserve.

defective prescription drugs

Whether you are a first-time visitor or a long-time family friend, homeowners can create dangerous situations that lead to serious injuries. Understanding the potential risks and your rights is crucial if you find yourself injured in a private residence. Here’s how these incidents can happen and what you should know:

Common Causes of Injuries in Private Homes:

Slip and falls
Dog Bites and animal attacks
Swimming pool accidents
Faulty Equipment and furniture
Toxic exposure
Fire and electrical hazards

Homeowners have a responsibility to ensure their property is reasonably safe for visitors. The homeowner may be held liable when injuries occur due to negligence or unsafe conditions. You could be entitled to compensation for medical bills, lost wages, and other damages resulting from the injury.

Understanding your rights

Understanding product liability lawsuits is important for consumers, as it allows them to safeguard their rights and well-being in the marketplace. These laws establish accountability and ensure that products placed in the market meet certain safety standards. A qualified Product Liability Attorney can help consumers seek compensation for injuries, financial losses, or other damages incurred if a product suffers from design flaws, manufacturing defects, or inadequate warnings.

Why Should I File a Product Liability Claim?

It is important to take action to protect your rights and seek the compensation you deserve. Manufacturers, distributors, and sellers have a responsibility to ensure that their products are safe for consumer use. By holding them accountable for any harm caused by their negligence, you’re not only advocating for yourself, you’re helping to promote accountability and prevent future injuries.

Pursuing a product liability claim can help you recover compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the defective product. This compensation can alleviate financial burdens and help you focus on your recovery.

Seeking legal assistance from a qualified law firm can provide you with the support and guidance you need to navigate the process effectively. Your safety and well-being are the most important things.

examples of product liability lawsuits

The Carlson Law Firm is currently investigating various product liability claims. Below is an overview of some of them:

Talcum Powder Lawsuit

The Carlson Law Firm is helping hundreds of women who have been harmed by Johnson & Johnson’s talcum powder. There are dozens of studies that have linked talcum powder to ovarian cancer. A risk that Johnson & Johnson has been aware of since the initial investigation in 1971. Each year, more than 20,000 American women are diagnosed with ovarian cancer, a portion of those is likely the result of talc. Johnson & Johnson marketed their baby powder as a feminie hygiene product. Studies consistently indicate that women who use talc products on their genital areas are at a significant risk of developing ovarian cancer. A qualified Ovarian Cancer Lawyer from The Carlson Law Firm can help you determine if you have a lawsuit against J&J and discuss your legal options. We are helping women nationwide.

paragard Lawsuit

Lawsuits against ParaGard allege that the product’s manufacturer, Teva Pharmaceuticals, created a dangerous medication and failed to instruct doctors on how to remove the implant without breakage. Further, women hurt by the product were not properly warned about the potential implant breakage. ParaGard is not the first long-term birth control making headlines for injuring women. Two Bayer contraception products, Essure and Mirena, also led to similar injuries and required surgery for removal.

FAQ: Premises Liability

Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, and retailers to ensure that products released to the public are safe to use. When a product is defective or dangerous and causes harm to a consumer, these parties can be held liable through a product liability lawsuit.

What constitutes a defective product?

A defective product is one that is unreasonably dangerous when used as intended or in a reasonably foreseeable manner. This includes products with design flaws, manufacturing errors, or insufficient instructions/warnings that result in harm to the consumer.

How does product liability apply to medical devices?

Medical devices can be subject to product liability if they are defective in design, manufacturing, or marketing. Common issues include the following:

Faulty implants
Malfunctioning surgical tools
Inadequate warnings about potential side effects

Injured patients can seek compensation for damages caused by these defective medical devices.

What should I know about dangerous drugs and product liability?

Dangerous drugs can lead to product liability claims if they cause adverse effects due to design defects, manufacturing errors, or inadequate warnings. Pharmaceutical companies can be held liable if they fail to properly test drugs, mislead consumers about risks, or neglect to provide sufficient instructions for safe use.

Can product liability lawsuit apply in workplace settings?

Yes, product liability can apply in workplace settings. Employers and employees can file claims if workplace equipment or machinery is defective and causes injury. This includes tools, protective gear, and other equipment used on the job that fail due to design flaws, manufacturing defects, or inadequate warnings.

What compensation can I receive in a Product liability lawsuit?

ompensation in product liability cases can include:

Medical expenses
Lost wages
Pain and suffering
Punitive damages (in cases of gross negligence)

Do I need a lawyer for a product liability case?

Yes, it is highly recommended to hire a lawyer for a product liability lawsuit. These cases can be complex, requiring expert testimony and extensive documentation. An experienced lawyer can help navigate the legal process, gather necessary evidence, and advocate on your behalf to maximize your compensation.

If you were injured as the result of a defective product, our team product liability attorneys are available 24/7 to offer the assistance you need to take the first step to recovery. We care. We can help.

Product Liability Lawsuit

Contact the Carlson Law Firm for Help

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What is Product Liability?

Types of Product Liability Claims

What can I recover in a Product Liability Lawsuit?

defective prescription drugs

defective prescription drugs

Common Causes of Injuries in Private Homes:

Understanding your rights

Why Should I File a Product Liability Claim?

examples of product liability lawsuits

Roundup lawsuit

Talcum Powder Lawsuit

paragard Lawsuit

FAQ: Premises Liability

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CALL 866-791-0971

Practice Areas

Carlson Law Firm Locations

Main Office

Austin Offices

San Antonio Offices