PRODUCT LIABILITY

Products that Kill

Submitted by jrlaw on Mar 27th, 2012

On the consumer marketplace, there are most certainly products that could kill you when used as directed. For example, a firearm is specifically designed to be a  deadly product and, because of that, manufacturers enjoy some safety from being sued when their products are used in irresponsible ways that end up hurting or killing someone. The key element here is that products are intended to be used in a specific way. If they are used in that fashion and they end up hurting someone, or killing someone, the manufacturer may be vulnerable to being sued for negligence.

Use Only as Directed

You've probably heard the caveat "use only as directed" many times in your life. The reason that manufacturers put this warning on their products is to make you aware that, if you use those products incorrectly, they could pose a very real risk to your well-being. If you are, for example, using a radio near a bathtub, using a ladder on an icy surface or taking a medication in too great of quantities, the manufacturer really cannot be held liable for that. In these situations, you're the one putting yourself at risk.

Manufacturing Flaws and Defective Products

Submitted by jrlaw on Mar 27th, 2012

One of the ways in which a product may be found to be defective is in terms of its manufacturing. In cases where people sue over defective products, they're usually suing over the advertising, design or manufacturing processes involved in getting that product on the market. Sometimes, companies have good designs and they advertise the products honestly but, in the end, their manufacturing processes end up being so flawed that the product poses a genuine danger to the people who purchase it.

Lemons

Probably the most common example of a product that is manufactured in a defective way is a bad vehicle. Most of the time, cars that are manufactured poorly are called lemons. These are vehicles that have flaws in them that are either dangerous or that render the vehicle unreliable. In the best case scenario, the manufacturer will discover that there is a flaw in their vehicle and they will recall them immediately. In these instances, the vehicle is usually repaired at no cost to the consumer and, after the issue is resolved, the product is completely serviceable. There are cases, however, where manufacturing flaws are not discovered until somebody gets hurt.

Why Are Unsafe Drugs on the Market?

Submitted by jrlaw on Feb 2nd, 2012

If you look around, it doesn't take too long to figure out that the world is full of unsafe drugs. Even if you're talking about over-the-counter drugs, there are plenty of examples out there of medications that can have very serious, even deadly, side effects. For example, it's been known for many years that giving young people and teenagers aspirin when they have certain ailments may result in Rye syndrome, a potentially deadly condition. If you check any modern bottle of aspirin, you'll see a warning that discloses this danger. Keeping unsafe drugs on the market is all about disclosing the danger.

Why Disclosure Matters

Patients have the right to assume a certain degree of risk in the pursuit of better health. This applies to medical procedures of all types, not just drugs. For example, there is a certain degree of risk involved with liposuction. Even though this is a cosmetic procedure, millions of people have had the procedure done to improve their appearance. They accepted the risk and, if they suffered the side effects of this procedure, the responsibility lies on their shoulders and no one else's. This isn't always the case with dangerous drugs.

Can I Sue if a Product Was Recalled?

Submitted by jrlaw on Feb 2nd, 2012

A product being recalled is not, in and of itself, a reason to sue the manufacturer. In fact, in some cases, the manufacturer is only being responsible by recalling a product that proved to be defective in some way. Provided that they managed to do it before anyone suffered any financial or physical harm, they probably won't be liable for damages due to the product. There are cases, however, where a product you use being recalled is certainly reason to consider speaking with an attorney.

Defective Products Attorneys

Defective products attorneys represent people who were injured because a product was improperly manufactured, designed or advertised. In some cases, the defects in these products cause them to be recalled long before they cause any damage to anybody. This is not always the case, however. There are many different ways that a product can cause damage to somebody. It's not always physical.

There have been several coffeemakers over the years that have been recalled from the market because they pose a fire hazard. If you own one of these coffeemakers and if it caused damage to your property, you may have a chance of winning a jury award or settlement by filing a lawsuit against the manufacturer. This is because, when using the product as directed, you suffered real and objectively measurable harm. If you did not suffer any harm, you may not be able to sue.

So,What is Product Liability?

Submitted by jrlaw on Feb 2nd, 2012

Manufacturers are responsible for the safety of the products that they put on the market. They're also responsible for the advertising for those products being accurate. When there is a problem with either, the manufacturer is sometimes vulnerable to being sued. There are basically three major reasons that manufactures end up getting sued over defective products.

  • Defective design
  • Defective manufacturing processes
  • Inaccurate advertising

Sometimes, violating any one of these three standards for safety results in a death. Remember, if you did lose somebody because they used a product that they assumed was safe and ended up getting killed, you may have the option to file a lawsuit. You have to speak with an attorney to determine whether or not this is the case.

What Does Defective Mean?

Products are designed for specific purposes. For example, a hatchet is designed to chop wood and other small items. As long as it performs that task safely and effectively, it can be said to be a safe product. If you were using a hatchet and the handle broke, causing the blade to break free and blind you, you might have a product liability suit on your hands. The reason you would have the option of filing a lawsuit would be because you were using the product as directed and as intended and it ended up injuring you anyway.

Understanding Wrongful Death and Unsafe Drugs

Submitted by jrlaw on Feb 2nd, 2012

Unsafe drugs include a variety of medications. Some of them are known to pose serious risks to the health—and even life—of the patient. In some cases, the condition that the patient suffers is severe enough that doctors deem it worth it to have them continue treatment with the drugs. As long as the patient understands and willingly accepts the risks, this is fine. There are cases, however, where someone is killed because of unsafe drugs and where lawsuits are the best options that the surviving family members have.

Can Chantix Cause Suicide

Submitted by jrlaw on Feb 2nd, 2012

Unfortunately, the marketplace is full of unsafe drugs. Even though some of these drugs aren't used for life-and-death conditions, such as would be true of insulin or chemotherapy drugs, they sometimes remain on the market with a particular type of warning. This type of warning is called a black box warning. It is issued when the FDA determines that the drug carries with it the threat of devastating side effects of which the user should be aware. Among the drugs that carry this morning is Chantix.

Bad Drugs and Wrongful Death Lawsuits

Submitted by jrlaw on Dec 27th, 2011

There are some drugs that should have never been put on the market. There are others that, despite having some very serious side effects, remain on the market with a black box warning. When someone wasn't warned of the effects of potentially deadly drugs, their survivors will sometimes file a lawsuit for wrongful death. The situations that surround these cases are sometimes surprising.

Considering a Product Liability Lawsuit

Submitted by jrlaw on Nov 21st, 2011

A product liability lawsuit is something you might want to consider if you believe that a company was negligent in the design, marketing or manufacture of a product. If you are injured by the product, you may be able to file a lawsuit. Financial injury is also a reason to consider a lawsuit. The first step in filing a lawsuit, of course, is speaking with the lawyer to determine whether or not they can help you.

Consultations

Most of the time, the initial meeting with a lawyer will be free of charge. During this free consultation, they will determine whether or not they believe that they can help you with a lawsuit. If they can't help you, they won't take your case. There is a very simple reason for this: most of them work on contingency and don't get paid unless they win. These lawyers have no motivation to take a case that they don't believe is going to win, so you're not at risk of wasting money on legal fees.

Are Product Liability Lawsuits Scams?

Submitted by jrlaw on Nov 21st, 2011

It's important to realize that a great deal of the information you have probably heard about product liability lawsuits is greatly biased in one regard or another. It's easy to take some of the facts from a case, spin them in a way that makes it seem as if someone winning a jury award was absolutely ridiculous and then toss that information into the media echo chamber where it will be repeated again and again without ever being examined by the reporters who write these types of stories. Product liability lawyers help people who have been injured by companies who put products on the market that cause genuine harm and that pose genuine threats to consumers.

But Aren't Some of These Suits Scams?

It's impossible to say whether or not a lawsuit is frivolous without taking a look at the merits of the specific case. As is true of any other resource, however, civil law is a resource that people sometimes do abuse. What's important to remember is that there are plenty of mundane, predictable and completely justified cases that go through the court system every day and that provide a way for people who were injured by faulty products to pay for the cost of their injuries and their recoveries. It's only the outrageous scams that ever get attention.

Syndicate content