Product liability cases arise when defective or unsafe products cause harm to consumers. Manufacturers, distributors, and retailers have a legal responsibility to ensure their products are safe for use. When they fail in this duty, innocent
consumers can suffer serious injuries, financial losses, and emotional distress.
Munley Law's product liability attorneys excel in representing individuals who have been injured or affected by defective products. Whether it's a faulty medical device, a defective car part, or a dangerous household appliance, our product liability lawyers are dedicated to holding negligent parties accountable and securing rightful compensation for our clients.
With more than 60 years of experience and a track record of successful cases, we understand the complexities of product liability law and how to navigate the legal system on behalf of our clients.
If you or a loved one has been harmed by a defective product, contact our law firm today for a free consultation.
What is Product Liability?
Product liability law holds manufacturers, distributors, suppliers, and retailers accountable for placing defective or dangerous products into the hands of consumers. When these products cause harm, consumers have the right to seek compensation for their injuries or damages.
For example, imagine a scenario where a consumer purchases a hairdryer that malfunctions and catches fire, causing severe burns and property damage. In such cases, a product liability lawyer helps the injured party pursue legal action against the manufacturer or other responsible parties to recover damages for medical bills, lost wages, pain and suffering, and other losses.
If you've been injured or suffered damages due to a defective product, Munley Law's product liability lawyers are here to provide experienced legal representation and guide you through the complexities of your case.
Understanding Product Liability Laws
Product liability laws govern the legal responsibility of manufacturers, distributors, and sellers for injuries caused by defective or unsafe products. These laws typically encompass several key legal principles:
Strict Liability
Strict liability holds manufacturers and sellers responsible for injuries caused by defective products, regardless of whether they were negligent. This means that if a product is found to be defective and causes harm while being used as intended, the manufacturer can be held liable for damages. Strict liability simplifies the process for consumers seeking compensation by focusing on the product's safety rather than proving negligence.
Negligence
In product liability cases based on negligence, the plaintiff must demonstrate that the manufacturer or seller failed to exercise reasonable care in designing, manufacturing, or distributing the product. Negligence may involve errors in the production process, inadequate quality control, or insufficient warnings about potential risks associated with the product's use. To prevail in a negligence claim, the plaintiff must establish that the defendant's negligence directly caused their injuries.
Breach of Warranty
Products come with implied or express warranties regarding their safety and performance. A breach of warranty occurs when a product fails to meet these promises, leading to harm or injury to the consumer.
Express warranties are specific guarantees made by the manufacturer or seller, while implied warranties ensure that a product is fit for its intended purpose and meets reasonable consumer expectations. In a breach of warranty claim, the plaintiff seeks compensation for damages resulting from the product's failure to meet these assurances.
Understanding these fundamental principles of product liability law is essential for consumers who have suffered injuries or losses due to defective products. If you or a loved one has been harmed by a defective product, consulting with an experienced product liability lawyer can help you navigate your legal options and pursue the compensation you deserve
Types of Defective Products
- Automobiles: Including defective airbags, faulty brakes, defective tires, or malfunctioning ignition systems.
- Defective Medical Devices: Such as defective hip implants, pacemakers, surgical mesh, or insulin pumps.
- Pharmaceuticals: Including medications with undisclosed side effects, improper labeling, or contamination issues.
- Children's Toys: Including toys with choking hazards, toxic materials, or sharp edges.
- Household Appliances: Such as defective ovens, refrigerators, or washing machines that pose fire or electrocution risks.
- Electronics: Including defective batteries, chargers, or electronic devices prone to overheating or causing electrical shocks.
- Power Tools: Including defective saws, drills, or power equipment that can cause serious injuries due to malfunction.
- Consumer Products: Such as defective furniture, exercise equipment, or baby products like cribs or car seats.
- Food and Beverages: Including contaminated food products or beverages causing illness or injury.
- Industrial Machinery: Such as defective factory equipment, conveyor belts, or industrial vehicles that can cause workplace accidents.
Identifying and addressing defects in these products is essential to prevent accidents and protect consumer safety. If you've been harmed by a defective product, consulting with a defective product lawyer at Munley Law can help you understand your legal rights and options for seeking compensation.
How Do You Prove a Product is Defective?
Proving that a product is defective typically involves establishing one of the following types of product liability claims, depending on the type of defect or negligence involved:
1. Design Defect
To prove a design defect, you generally need to demonstrate:
- Safer Alternative Design: Show that a safer design was feasible and practical at the time of manufacturing.
- Consumer Expectations: Provide evidence that the product's design makes it unreasonably dangerous compared to what an ordinary consumer would expect.
2. Manufacturing Defect
To establish a manufacturing defect, you typically need to show:
- Deviation from Design: Demonstrate that the product differs from its intended design or specifications, making it more dangerous.
- Causal Link: Prove that the defect directly caused your injury or damages.
3. Failure to Warn or Inadequate Instructions
For failure to warn or inadequate instructions:
- Knowledge of Risk: Show that the manufacturer or seller knew or should have known about the potential risks associated with the product.
- Failure to Provide Adequate Warning: Demonstrate that sufficient warnings were not provided to alert consumers of potential dangers.
Steps to Prove a Product is Defective:
- Gather Evidence: Collect physical evidence of the product, such as photographs, receipts, and packaging.
- Expert Analysis: Obtain expert opinions from engineers, product designers, or industry experts who can evaluate the defect and its impact.
- Medical Records: If applicable, provide medical records documenting injuries or damages caused by the defective product.
- Documentation: Keep records of communications with the manufacturer, retailer, or any reports of similar incidents involving the product.
- Legal Representation: Seek guidance from a Munley law defective product attorney experienced in handling defective product cases.
Who is Responsible for a Dangerous Product?
Responsibility for a dangerous product can extend to various parties involved in its design, manufacture, distribution, and sale. The specific parties potentially liable include:
- Manufacturer: The primary responsibility often lies with the manufacturer of the product. This includes the company or entity that designed, produced, or assembled the product.
- Distributor: Companies or individuals involved in distributing the product can also be held liable if they knew or should have known about the product's defects and failed to take appropriate action.
- Retailer: Retailers that sell the product to consumers can be liable if they knew or should have known about the product's defects and did not take steps to warn consumers or remove the product from shelves.
- Designers and Engineers: Individuals or firms involved in the design and engineering of the product may be held liable if the product's design was inherently flawed or dangerous.
- Component Manufacturers: If the product incorporates components or parts manufactured by other companies, those component manufacturers may also share liability if their parts contributed to the product's defect.
- Advertisers and Marketers: Those responsible for promoting or advertising the product may be liable if their marketing materials falsely represented the product's safety or failed to disclose known risks.
What Compensation is Available in a Product Liability Lawsuit?
In a product liability lawsuit, compensation, also known as damages, aims to financially compensate the injured party for losses and harms caused by the defective product. The types of compensation available through product liability claims can include:
- Medical Expenses: Coverage for current and future medical bills related to injuries caused by the defective product, including hospital stays, surgeries, rehabilitation, and medication costs.
- Lost Wages: Compensation for income lost due to missed work caused by injuries from the defective product. This may include future lost earning capacity if injuries result in long-term disability or reduced ability to work.
- Pain and Suffering: Non-economic damages intended to compensate for physical pain, emotional distress, and mental anguish resulting from injuries caused by the defective product.
- Loss of Consortium: Damages awarded to a spouse or family member for the loss of companionship, care, or intimacy due to the injured person's injuries and resulting limitations.
- Punitive Damages: In cases of egregious misconduct or gross negligence by the manufacturer or other responsible parties, punitive damages may be awarded to punish the defendant and deter similar conduct in the future.
- Property Damage: Reimbursement for damage to property caused by the defective product, such as damage to a vehicle or other belongings.
- Wrongful Death: If a defective product causes a fatal injury, compensation may be available to surviving family members for funeral and burial expenses, loss of financial support, and the emotional suffering resulting from the loss.
The specific types and amount of compensation awarded in a product liability lawsuit depend on factors such as the severity of injuries, the impact on the plaintiff's life, and the extent of the defendant's liability. Consulting with an experienced personal injury lawyer can help you understand what compensation may be available for your product liability litigation and how best to pursue it.
Why Choose Munley Law as Your Product Liability Lawyer?
When you choose Munley Law as your product liability injury attorney, you're selecting a team with a proven record of record-breaking verdicts and a commitment to securing the best possible outcome for our clients.
Our national reputation for winning big settlements for our clients, our outstanding client testimonials and our decades of experience all add up to one thing: We will fight tirelessly for you until we win.
Consumers deserve safe products, guaranteed not to cause harm. If you or a loved one has been injured by a product due to defective design, negligence during the manufacturing process, missing or incomplete warning labels, defective medical devices or dangerous prescription drug and more, a personal injury claim against the product manufacturers, retailers, designers or anyone other responsible party, can provide you with much-needed financial compensation.
Call or message us today for your free case evaluation. You pay nothing until we win.
