According to the National Safety Council, 12.7 million people got treated in emergency rooms for injuries which resulted from consumer products. Injuries related to consumer products increased in 2021, 2022 and 2023. Common examples of defective products include faulty appliances, unsafe toys and contaminated food.
If you have suffered a defective product injury, you can seek compensation for your injury by hiring an experienced attorney who handles product liability claims. Legal professionals like these can file a lawsuit on your behalf seeking compensation for medical bills, lost wages, pain, suffering and more.
Call us today for a FREE consultation at (800) 718-4658 if you or a loved one has been injured or killed by a defective product. You can also contact us here, fill out this page’s free case evaluation form or text us from this page.
We have been representing victims of defective products since 1990 and have recovered over $750,000,000 for our clients. We won’t charge you any fee until and unless we recover money in your defective product case. Call us today.
Defective Product Injury Lawsuits
Defective product injury lawsuits, also known as product liability cases, occur when consumers are injured by products that are unreasonably dangerous or defective. In these cases, injured parties can hold manufacturers, distributors or retailers liable for harm caused. Anyone harmed by defective products, such as consumers, family members and bystanders, can file claims. You don’t need to have bought the product – you can still file a claim if you were harmed by the dangerous product.
These lawsuits arise when consumers are harmed by products which are unsafe for their intended use. These lawsuits are based upon the idea that anyone involved in the chain of distribution of a product, such as manufacturers, retailers and distributors, have a duty to make sure products are safe. Injured parties must show that defects caused damages or harm.
Key Aspects of Defective Product Injury Lawsuits
- Defective products: The products must have defects, like design flaws, manufacturing defects or inadequate instructions or warnings.
- Injuries: The defects must cause verifiable injuries to consumers.
- Causation: There needs to be a direct link between the injuries and the product defects.
- Strict liability: A lot of the time, strict liability applies. This means manufacturers are responsible even if their design or manufacturing of the product wasn’t negligent.
- Possible liable parties: Anyone involved in a chain of distribution, like manufacturers, retailers, wholesalers and distributors, may be held liable under product liability law.
- Compensation: Injured parties can seek financial compensation for damages such as medical expenses, property damage, pain, suffering and lost wages.
- Legal action: Injured parties can file lawsuits seeking compensation for injuries.
- Statute of limitations: There is a time limit to file your claim. This time limit will vary from state to state. For example, in California, it’s two years from the date of your injury in most cases.
Proving Defective Product Injury Lawsuits
- Product defects: You need to be able to prove that a product was defective. This may mean the product had a manufacturing defect, a design defect or a marketing defect, meaning adequate warnings or instructions were not provided.
- Causation: You need to be able to prove that your injury was directly caused by the product defect.
- Damages: You need to be able to prove that you suffered damages, such as medical bills, lost wages, pain and suffering, as a result of your injury.
- Reasonable care: You need to prove that you used the product in a reasonable manner.
- Liability: You need to be able to identify what parties are responsible – this could be the seller, distributor, manufacturer or designer of the product.
- Expert testimony: Your case can be helped by experts like engineers who can provide testimony regarding the defect’s nature and how it relates to your injuries. A lawyer can hire experts to testify for you to strengthen your case.
- Legal strategy: An attorney can help to navigate product liability law’s complexities, such as legal theories of liability as well as requirements for proving elements of claims.
Seeking Compensation
- Filing claims: The first step in seeking compensation is filing a claim with the responsible party or manufacturer. This claim will outline the defect and provide evidence.
- Evidence: Gather evidence including relevant documentation like receipts, product photos and medical records. You should preserve your defective product and its packaging.
- Negotiation: The insurance company for the manufacturer may offer you a settlement. Initial offers will likely not reflect your damages’ full extent, though, so at this point it will help to have a lawyer negotiate for you.
- Litigation: Should a settlement not get reached, you might have to file a lawsuit and end up in court.
- Legal representation: You should consider a consultation with a product liability lawyer who can help you navigate through the legal process as well as maximize the chances you have of recovering fair compensation.
What Qualifies as a Defective Product Injury?
Defective product injuries are injuries which are the result of product defects. There are three categories of product defects:
- Manufacturing defects: These defects occur because something went wrong during the manufacturing process or production process, like on the assembly line, or when substandard materials are accidentally used to make something. The faulty product deviates from its intended design because something goes wrong while it is being made.An example of a product with a manufacturing defect would be a dangerous drug which is harmful because it was contaminated during the manufacturing process.
- Design defects: The design of the product itself has a flaw here. This makes the product inherently dangerous despite it being manufactured and used properly.An example of a product with a design defect would be a pressure cooker with a design that allows its lid to be opened while its contents are hot and pressurized, leading to explosions and burn injuries.Courts sometimes use tests to determine if products have design defects. One is known as the risk-utility test. This involves a court weighing the utility of a product against its risk of harm. Another is known as the consumer expectation test. This involves a court considering if a reasonable consumer would expect that the product is safe when foreseeable uses occur.
- Instruction/warning defects: These defects occur when product manufacturers fail to adequately warn consumers about a danger, or fail to provide adequate instructions regarding safe use or possible risks. Products may be safe when they are used as intended, yet require warnings against misuse. An example of an instruction/warning defect would be a drug manufacturer failing to warn people their drug may cause cancer even though scientific literature has found a link between the drug and cancer.
In addition to the three types of product defects, product liability claims can also be filed based on:
- Negligence: Product liability claims can also be filed under the theory of negligence. Negligence is when a seller or manufacturer fails to exercise reasonable care when they design, manufacture or warn about a product, and this failure leads to injury.
- Breach of warranty: Product liability claims can also be filed under the theory of breach of warranty. This is when consumer goods fail to meet warranties or promises made during their sale.
Who Can Be Held Liable for a Defective Product?
Multiple parties can be held liable when defective products cause serious injuries. Consumer rights dictate that consumers can recover compensation for all parties responsible for their injuries.
Parties who an injured person can hold liable for a defective product include:
- Manufacturers: These are the main entities responsible for producing and designing products. They are typically the primary focus of liability in a product liability case. When defects arise from flawed production or design, manufacturers are typically liable.
- Distributors/wholesalers: Distributors and wholesalers, the middlemen between manufacturers and retailers, can be held liable when they knowingly sell defective products.
- Retailers: Retailers like Amazon can be held liable for a dangerous, defective product, even if they didn’t manufacture them. Their liability stems from them placing products into commerce and their implied guarantees that they are suitable for use and safe.
- Suppliers: When defects are because of suppliers providing substandard materials, suppliers may get held liable.
- Quality control and designers: Design consultants that incorporate design flaws, or engineers who fail to spot defects during manufacturing, could get held liable.
When suing retailers, keep in mind that injured parties:
- Don’t have to have bought the product
- Don’t have to have used the product
- In some cases, liability may still apply even if the product was purchased secondhand, depending on the defect and state law.
Any company in the supply and manufacturing chain may get held liable. It’s important to determine the defect and connect the defect with an injury. This means multiple parties can be held simultaneously liable. When multiple parties can get held liable, this increases the injury victim’s options of recovering just, fair compensation.
At the start of a case, it’s vital to name every potential liable party. It may later become clear that one or multiple parties aren’t liable. However, if you fail to originally add them, you could miss opportunities to collect compensation.
Evidence to Win a Defective Product Claim
Evidence needed to win cases involving product defects leading to injuries includes:
- Documentation: Gather all relevant documentation, such as product use records, product manuals, warranties and receipts. Preserve the product as-is and keep the packaging.
- Videos and photos: Document the condition of the product after, during and before the incident, if possible.
- Medical records: If you have been injured, obtain as well as keep medical records in order to show the extent and nature of the injuries you suffered.
- Expert testimony: Your attorney might hire experts who can analyze your product and its defect.
Defective Product Compensation: How Much Is My Case Worth?
The amount of defective product compensation you will qualify for will depend on the specific damages you suffered.
Damages which our defective product lawyers can help you recover compensation for include:
Medical Bills
This means all medical expenses, past and future, related to the injury caused by a defective product. So, this covers bills you already owe as well as treatments you’ll need in the future.
Lost Wages
This means any wages you’re unable to earn due to your injuries, such as wages lost due to being hurt too badly to work or due to having to take time off for treatments.
Pain and Suffering
This means the physical pain, mental suffering and emotional distress caused by your injuries.
Property Damage
If you suffered property damage as a result of a defective product or its component parts, we can help you recover compensation for this.
Wrongful Death
If you lost a loved one because of a defective product, we can help you recover compensation that will make sure your family doesn’t have to go through financial hardship due to the loss of your loved one. This can cover things like funeral and burial bills as well as loss of income, love, companionship and household services.
Punitive Damages
When product defects are the result of reckless conduct, intentional conduct or gross negligence, we help injury victims recover punitive damages to maximize their compensation and punish wrongdoers.
Does Nadrich Accident Injury Lawyers Handle Class Action Lawsuits?
No. We file individual lawsuits on behalf of victims of defective products instead of class action lawsuits. We do this because we believe we can recover more money for our clients by filing individual lawsuits instead of class action lawsuits.
What to Do After a Defective Product Injury
1. Seek Medical Attention
Make sure your injuries are evaluated and treated properly and in a prompt manner. It’s important to have any injuries documented by a medical professional right away so a defendant can’t claim something other than their product injured you.
2. Preserve Evidence
Keep relevant materials such as the product, instructions, packaging, receipts, etc.
3. Document Everything
Take videos and photos of the product, the incident scene and your injuries. Gather evidence such as manuals and receipts.
4. Report the Incident
Report the product defect, if possible, to relevant agencies like the Food and Drug Administration or Consumer Product Safety Commission.
5. Don’t Speak to Insurance Companies or Company Representatives
Don’t speak with insurance companies or company representatives about your injuries. Let a lawyer do this for you instead to avoid incriminating yourself and damaging your case.
6. Consult with a Lawyer
Seek legal advice from a qualified lawyer who handles product liability cases.
Defective Product Cases We Take
We take cases involving many defective products, including but not limited to:
- Vehicles with faulty parts such as brakes, airbags, seatbelts, seat backs, steering systems, software systems, tires, etc.
- Medical devices which have manufacturing defects or design defects
- Toys which have inadequate warnings or are unsafe
- Consumer products which contain hazardous materials or chemicals
- Dangerous drugs
Contact a Defective Product Injury Attorney Today
Our defective product lawyers have been handling product liability claims for over 30 years and have recovered hundreds of millions of dollars for clients. We are well-versed in product liability law.
If you can’t afford treatment for your defective product injuries, we may be able to connect you with medical providers who won’t charge for treatment until your case ends.
Our only fee is a percentage of whatever compensation we recover for you in your product liability case. We don’t charge any upfront fee or out-of-pocket fee, so you won’t owe us until win your case.
Call us today for a FREE consultation at (800) 718-4658 if you or a loved one has been injured or killed by a defective product.
