Products Liability

While you may not realize it, dangerous and defective products are present in our everyday lives.  From meat to strollers, it seems there is always another recall being announced on the evening news.  Product Liability cases arise when dangerous or defective products injure innocent consumers or workers, sometimes causing hospitalization or death.

What Makes Products Dangerous?

Products can be dangerous due to manufacturing defects, design flaws, or lack of appropriate warnings.  Common product liability cases involve dangerous or defective products in the following categories:

• Workplace: Including industrial machines, presses, assembly lines, cutters, rollers, balers, nip points, etc.
• Food & Beverages: Including contaminated meat and produce
• Medical Devices: Including surgical equipment, pelvic mesh, hip implants, etc.
• Pharmaceuticals
• Toys
• Children’s and Infant’s Products: Including strollers, cribs, playgrounds, etc.
• Automobiles: Including Tires, Seat belts, Airbags, Steering Columns, Brakes, Roofs, etc.

What Do I Need to Prove in a Products Liability Suit?

Products Liability claims greatly vary from one to the next.  In general, there are three  major legal theories under which you can put forth a products liability claim:  Strict Liability, Negligence, and Breach of Warranty.  In Strict Liability cases, you do not need to prove fault, negligence, or intent.  You must only prove that the product was dangerous or defective and that you were injured as a result.  For a Negligence case, you must demonstrate that the product was designed or manufactured in a negligent fashion, and that the resulting defect was a substantial factor in causing injury.  Under Breach of Warranty cases, you must show that a warranty existed (that was express or implied), and that the product did not live up to the performance or quality standards outlined in the warranty.  Failure of a product to include appropriate or sufficient warnings is another potential theory of recovery.

How Can I Win a Products Liability Claim?

If you have been injured by a dangerous or defective product, contact the experienced legal team at OnlyWhenYouWin.  We will review your case and determine the correct legal theory to proceed.  We are true trial lawyers and will litigate your case through trial to get you the money you deserve.