Dangerous products find their way into the marketplace every year, despite the efforts of government regulatory agencies and manufacturers to keep consumers safe. The United States Consumer Product Safety Commission recalls 200-300 products annually and removes millions of items from markets across the country. Consumer injury is common. When a defective or dangerous product injures people, they have the right to pursue fair and full compensation for their losses. Lawsuits that pursue such just compensation are called product liability claims.
Types of Defective Product Liability Claims
Defective products fall into the following categories:
- Defective design – A designer or engineer creates a defective design. For example, a defective aircraft design makes a plane unsafe during flight. The cause of an airplane crash traces back to defective aircraft design.
- Defective manufacture – The manufacturer has used a defective manufacturing procedure. For example, manufacturers fail to ensure the strength of material meets quality standards before use, and manufacturers select material based on a lower material price. No quality control inspection of the material is conducted prior to manufacture. The production line makes the roof of a vehicle from the defective material. The vehicle’s roof is unable to withstand reasonable impact and crushes during a rollover.
- Defective marketing – Products must contain adequate warning labels and instructions. An example of defective marketing would be the lack of warning on a label to inform consumers about the risks the product poses. Believing there is no hazard, a consumer fails to store the product out of reach and as a result, a toddler is harmed.
Defective Products Examples
While defective products are too numerous to list, the following are some examples:
- Unsafe toys, e.g. lead paint exposure, sharp edges, choking hazards, fire or burn risks
- Laptop batteries with high danger of heating and causing fires
- Electric blankets that overheat and burn consumers
- Defective auto parts/automobiles, e.g. seatbelt and seatback failure, defective airbags, tire tread separation, and gas tank explosions
- Birth control patches leading to blood clots, stroke, and death in young women
- Defective medical devices, such as pacemakers, defibrillators, dialysis filters, etc.
- Pharmaceutical drugs with no warning of dangerous side effects — liver and kidney damage, increased risk of heart attacks/stroke
- Defective cribs resulting in infant crib death
Types of Liability Cases
Claims brought against parties for product liability are usually claims based on negligence, strict liability or breach of warranty.
- At Rosenberg & Gluck, our product liability lawyers bring claims based on negligence, when designers, manufacturers or distributors fail to exercise reasonable care. Typically, negligence cases substantiate that harm resulted from design errors, faulty manufacturing or failure to warn consumers about risks and dangers.
- Strict liability does not require proving negligence on the part of the designer, manufacturer or distributor. This type of case is based on proof that the product harmed a consumer and evidence that shows the product is reasonably dangerous.
Breach of Warranty
- A warranty offers a direct or implied promise that a product contains no defects. When that promise or guarantee is broken, a breach of warranty exists. Claims of breach of warranty may be brought against the party or company that violated their guarantee.
Compensation for Injury
If you have suffered an injury caused by a dangerous or defective product, you may have a claim for damages against any party in the chain of distribution, from the designer or the manufacturer to the retailer. At Rosenberg and Gluck, we have extensive experience representing product liability claimants, which includes pharmaceutical injury claims, such as claims for injury caused by prescription and over the counter drugs. If you have used prescription or over-the-counter pharmaceuticals, and have suffered a stroke, heart attack, or other medical injuries, we can help you get financial compensation for the harm you suffered.
In a product liability claim, you are entitled to receive compensation for medical expenses, lost income as well as pain and suffering.
Our Nassau County Dangerous and Defective Products attorneys handle all personal injury claims on a contingency fee basis. If we are unable to recover compensation for your losses, we will not charge you a fee.
Schedule a free initial consultation. Call our Products Liability Attorneys at (631) 451-7955. Evening and weekend appointments are available upon special request.