Product liability is the area of law that deals with the liability of the manufacturer, wholesaler or retailer of a product for injuries resulting from that product. Research from the U.S. Consumer Product Safety Commission indicates that defective or unsafe products cause 29.4 million injuries and 21,400 deaths each year. Therefore, having a product liability lawyer on your side can be an enormous help in these situations.
Within the U.S., an average of $700 billion is spent annually on the injuries, deaths and property damage as a result of consumer product incidents. Virtually all products are subject to product liability law, not just items on the store shelves — products subject to the law run the spectrum from food, drugs, appliances, automobiles, medical devices, medical implants, blood, tobacco, gases, real estate, writings, maps, and even commercial jets.
The Law Offices of Marc. J Shuman & Associates, LTD. aggressively represents clients who are injured because of a product defect, to help them receive full compensation for their injuries.
TYPES OF PRODUCT LIABILITY CASES
Often the most devastating accidents are the ones that you never see coming. The car that came out of nowhere or the lighter that explodes in your hand. What do you do if something like this happens to you?
Obviously, someone somewhere made a mistake and they should pay for your medical bills, but how do you proceed? Who can you hold accountable? If you buy something and it works improperly thereby causing you harm, you can file what is called a product liability lawsuit.
There are three types of product liability suits:
1. Manufacturing defect
Cases involving manufacturing defects target negligent actions and decisions that affect the process of physically producing a product. Often these claims center on the quality of materials used during manufacturing or shoddy workmanship. Examples include tainted medicine, vehicles that were assembled with inferior parts and children’s toys made with lead paint.
2. Design defect
When a product’s design is inherently flawed, dangerous or useless, consumers can bring design defect lawsuits against the company. These claims have nothing to do with how the product was made. Even if manufactured perfectly, the items would still be unsafe or would not meet up to ordinary quality standards.
This type of liability is also known as a marketing defects claim. These lawsuits are for products that do not carry warning labels or instructions that adequately describe the item’s potential dangers or proper method of use. Generally these claims center on the argument that a product was unsafe in a way that would not be obvious to users, therefore consumers should have been provided some sort of warning about the dangers of using it.
The above descriptions illustrate the basic types of product liability but it’s important to note that in many states, these are not the technical claims that plaintiffs pursue. Instead, claimants’ suits are usually based on torts or contract law.
Under the former, the argument usually rests on negligence. Under the latter, plaintiffs are generally pursuing a breach of warranty claims. Because the details of these lawsuits can be very technical, those who are considering bringing product liability cases may want to consult with a product liability attorney.
Call 800.722.9744 today to receive a FREE consultation from an experienced defective product attorney at the Law Offices of Marc J. Shuman & Associates, LTD.
IMPORTANT THINGS TO REMEMBER FOR PRODUCT LIABILITY CASES
If you or a loved one has incurred a defective product-related injury, consult with a product liability attorney right away. Time is always of the essence in legal matters, as are minor points like:
- Saving the receipt and all related paperwork, such as credit card bills, invoices, owners manuals and warranty documentation.
- Keeping an accurate record of all phone calls, emails and in-person visits with the sellers.
- Photographing documentation of all injuries incurred.
Since 1996, the Law Offices of Marc J. Shuman & Associates have been helping Product Liability Accident victims. all injured victims and their families. navigate the complex legal process. As experienced personal injury, worker’s compensation and wrongful death attorneys, we can help you evaluate the facts, assess your options, navigate the legal challenges and advocate on your behalf.
Marc J. Shuman & Associates has over 77 combined years of experience advocating for over 20,000 injury victims and their families. We advocate on your behalf, so you can focus on the task of recovery.