Did You Suffer Injuries Because of a Defective Product?
If you have been injured by a defective or dangerous product, an experienced attorney can help you seek compensation for your injuries through a product liability claim.
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product liability
If you have been injured by a defective or dangerous product, an experienced attorney can help you seek compensation for your injuries through a product liability claim.
Product liability is a legal concept that holds manufacturers, distributors, and sellers accountable for any harm caused by their defective products. Any person who has been injured by a defective product has the right to pursue a product liability claim and seek compensation for their injuries and losses. If you or someone you love has suffered an injury or illness allegedly due to a defective medical device or dangerous consumer product, call our consumer advocates today or fill out the form. We can put you in touch with a skilled attorney who has experience handling product liability claims.Â
What is Product Liability?
Product liability refers to the legal responsibility of manufacturers, distributors, and sellers for any harm caused by their defective products. When a product is defective and causes injury or harm to a consumer, the injured party can seek compensation for their damages through a product liability claim. Unlike other personal injury claims, product liability claims do not require proving negligence on the part of the manufacturer. Instead, the focus is on the defective nature of the product itself.
Types of Defective Products and Associated Injuries
3M Earplugs and Hearing Loss
One example of a defective product leading to injuries is the case of 3M earplugs. These earplugs were issued to military personnel between 2003 and 2015 and were intended to protect against hearing damage in combat situations. However, it was later discovered that the earplugs were defective and did not provide adequate protection, leading to hearing loss and other auditory injuries among service members. Many affected individuals have filed product liability claims against 3M for their injuries.
Firefighter Foam and Cancer
Firefighter foam, also known as Aqueous Film-Forming Foam (AFFF), has been widely used in firefighting operations to suppress flammable liquid fires. However, this foam contains harmful chemicals, including per- and polyfluoroalkyl substances (PFAS), which have been linked to an increased risk of cancer, including testicular, kidney, and pancreatic cancer. Firefighters who have been exposed to AFFF foam during their careers have filed product liability claims against foam manufacturers for failing to warn about the potential health risks.
Chemical Hair Straighteners and Cancer
Chemical hair straighteners, such as those containing formaldehyde, have been associated with an increased risk of cancer, particularly among individuals who frequently use these products. Formaldehyde is a known carcinogen, and prolonged exposure can lead to various types of cancer, including leukemia and nasopharyngeal cancer. Victims of hair straightener-related cancers have pursued product liability claims against manufacturers for their failure to provide adequate warnings about the potential health risks.
Baby Formula and Necrotizing Enterocolitis
Recent studies have suggested a potential link between cow’s milk-based baby formulas, such as Similac and Enfamil, and an increased risk of necrotizing enterocolitis (NEC) in infants. NEC is a life-threatening gastrointestinal disease that primarily affects premature babies. Parents whose infants have developed NEC after consuming baby formula have sought compensation from formula manufacturers through product liability claims.
Paraquat and Parkinson’s Disease
Paraquat is a highly toxic herbicide commonly used in agriculture to control weeds. Recent studies have linked paraquat exposure to an increased risk of developing Parkinson’s disease, a degenerative neurological disorder. Individuals who have been diagnosed with Parkinson’s disease after exposure to paraquat have filed product liability claims against the manufacturers of the herbicide.
Roundup and Non-Hodgkin’s Lymphoma
Roundup, a popular weed killer containing the active ingredient glyphosate, has been the subject of numerous product liability claims. Scientific studies have suggested a link between Roundup exposure and an increased risk of developing non-Hodgkin’s lymphoma, a type of cancer that affects the lymphatic system. Many individuals who have been diagnosed with non-Hodgkin’s lymphoma after using Roundup have pursued legal action against the manufacturer, Monsanto, which is now owned by Bayer.Â
Talcum Powder and Mesothelioma/Ovarian Cancer
Talcum powder, commonly used in personal hygiene products, has been associated with an increased risk of mesothelioma, a rare form of cancer caused by asbestos exposure, as well as ovarian cancer in women. Thousands of individuals who have developed mesothelioma or ovarian cancer after using talcum powder have filed product liability claims against the manufacturers, alleging that they failed to warn consumers about the potential health risks associated with their products.
Heavy Metals in Baby Food
Recent investigations have revealed that certain baby food products contain high levels of heavy metals, including arsenic, lead, cadmium, and mercury. Prolonged exposure to these toxic substances can have severe health effects on infants, including cognitive impairment and developmental delays. Parents concerned about their children’s exposure to heavy metals in baby food have filed product liability claims against the manufacturers, seeking compensation for their children’s injuries.
Philips CPAP and Cancer
Continuous Positive Airway Pressure (CPAP) machines manufactured by Philips have been recalled due to potential health risks associated with the foam used in the devices. The foam may degrade and release harmful particles and chemicals, which can be inhaled by users and potentially lead to respiratory issues and an increased risk of cancer. Individuals who have used these defective CPAP machines and have been diagnosed with related health issues have initiated product liability claims against Philips.
CoolSculpting and Paradoxical Adipose Hyperplasia
CoolSculpting is a non-invasive fat reduction treatment that uses controlled cooling to target and eliminate fat cells. However, in rare cases, this procedure can lead to a side effect called Paradoxical Adipose Hyperplasia (PAH), where treated areas develop an abnormal increase in fat cells instead of the intended fat reduction. Patients who have experienced PAH after undergoing CoolSculpting treatments have pursued product liability claims against the manufacturer.
Pursuing a Product Liability Lawsuit
If you have been injured by a defective product and wish to pursue a product liability lawsuit, it is essential to understand the legal process involved. Here are the key steps to consider:
Consultation with a Product Liability Lawyer
The first step in pursuing a product liability lawsuit is to consult with an experienced product liability lawyer. They will evaluate your case, gather evidence, and advise you on the best course of action. A skilled lawyer will have in-depth knowledge of product liability laws and will fight for your rights to ensure you receive fair compensation for your injuries.
Investigation and Gathering Evidence
Your lawyer will conduct a thorough investigation to gather evidence supporting your product liability claim. This may include obtaining medical records, product testing results, witness statements, and any other relevant documentation. The evidence collected will help establish the defective nature of the product and its connection to your injuries.
Determining Liability
In a product liability lawsuit, it is crucial to identify all parties involved in the chain of distribution who may be held liable for your injuries. This can include the manufacturer, distributor, retailer, and potentially other parties who played a role in the production and sale of the defective product. Your lawyer will analyze the facts of your case to determine the responsible parties and build a strong legal strategy.
Establishing the Defect
To succeed in a product liability claim, you must demonstrate that the product was defective. There are generally three types of defects that can give rise to a product liability lawsuit: design defects, manufacturing defects, and marketing defects (such as inadequate warnings or instructions). Your lawyer will work to establish the specific defect in your case and how it led to your injuries.
Proving Causation and Damages
In addition to demonstrating the defect, you must establish a causal link between the defect and your injuries. This requires showing that the defect directly caused your harm and that you suffered damages as a result. Your lawyer will help gather medical records, expert testimony, and other evidence to support your claim for damages, which may include medical expenses, lost wages, pain and suffering, and more.
Negotiation and Settlement
In many product liability cases, parties will attempt to reach a settlement before going to trial. Your lawyer will engage in negotiations with the defendants and their insurance companies to seek a fair settlement that compensates you for your injuries. If a settlement cannot be reached, your lawyer will prepare your case for trial and advocate for your rights in court.
Trial and Litigation
If your product liability case proceeds to trial, your lawyer will present your evidence, arguments, and witnesses in court. They will work to prove the defendant’s liability and seek a favorable judgment on your behalf. Throughout the trial, your lawyer will handle all legal proceedings, including cross-examining witnesses, presenting expert testimony, and making persuasive arguments to the judge or jury.
Appeals (if necessary)
In some cases, either party may choose to appeal the court’s decision. If you are not satisfied with the outcome of your trial, your lawyer can guide you through the appeals process and advocate for your rights at the appellate level.
The Importance of Hiring a Product Liability Lawyer
Navigating the complexities of a product liability claim can be challenging without the expertise of a skilled lawyer. Here are some reasons why it is crucial to hire a product liability lawyer to represent you:
- Legal Knowledge and Experience: Product liability laws can be complex and vary from state to state. A knowledgeable lawyer will have a deep understanding of these laws and the legal precedents relevant to your case. They will use their experience to navigate the legal process efficiently and effectively.
- Investigation and Evidence Gathering: A product liability lawyer will conduct a thorough investigation to gather crucial evidence supporting your claim. They will work with experts, such as engineers and medical professionals, to establish the defect and its connection to your injuries. This evidence is essential for building a strong case and maximizing your chances of success.
- Determining Liability: Identifying the responsible parties in a product liability case can be challenging. A skilled lawyer will have the resources and experience to analyze the chain of distribution and determine who should be held liable for your injuries. Holding all accountable parties responsible is crucial for ensuring you receive full and fair compensation.
- Negotiation Skills: Product liability claims often involve negotiations with insurance companies and defense lawyers. An experienced product liability lawyer will have strong negotiation skills and the ability to advocate for your rights effectively. They will strive to achieve a fair settlement that covers your damages and avoids the need for a lengthy trial.
- Litigation Expertise: If your case goes to trial, a product liability lawyer will be your advocate in the courtroom. They will present your evidence, cross-examine witnesses, and make persuasive arguments to the judge or jury. Their litigation skills and courtroom experience will be invaluable in seeking a favorable outcome.
- Resources and Network: Product liability cases often require expert testimony, specialized testing, and other resources. A reputable lawyer will have access to a network of experts and resources necessary to strengthen your case. They will work with these professionals to gather the evidence needed to support your claim.
- Maximizing Compensation: A skilled product liability lawyer will fight for maximum compensation on your behalf. They have the ability to calculate the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future medical needs. With their expertise, they will ensure you receive the compensation you deserve.
- Peace of Mind: Dealing with the aftermath of a product injury can be stressful and overwhelming. Hiring a product liability lawyer allows you to focus on your recovery while knowing that your legal rights and interests are being protected. Your lawyer will handle all legal aspects of your case, providing you with peace of mind during this challenging time.
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What should you do? If you suffered an injury or illness allegedly caused by a defective product, you should contact a lawyer as soon as possible to discuss filing a product liability lawsuit. ​
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No one should suffer injuries because of a defective or dangerous product. However, the reality is that defective product injuries and illnesses happen all the time. If you have been injured by a defective product, it is essential to understand your legal rights and options. Pursuing a product liability lawsuit can be a complex and confusing process, but with the guidance of an experienced product liability lawyer, you can seek justice and fair compensation for your injuries. Call us today to learn more.Â
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