What is Products Liability?
Products Liability is a legal principle that can be used to hold manufacturers, distributors, and businesses responsible to people who use their defective products and are injured. Companies have a duty to use reasonable care when creating products for their customers.
When a product is harmful, companies must provide proper labeling and warnings so that a person buying that product is aware of the risks. If a company fails to properly design something, or warn buyers of the dangers, they may be liable to you for your injuries.
Products liability suits involve three basic elements that must be proven:
- The product was in a defective condition or was unreasonably dangerous for its intended use (negligent design of product, manufacturing defect, quality control, improper warnings).
- The defect existed before leaving the manufacturer’s control.
- The defect was the “proximate cause” of the injury or death.
Product injuries range from electrocution, saw injuries, and car crash injuries to medication side effects or even death. If you believe that an injury or death has occurred as a result of a product defect, call us for a free consultation to discuss your case.
Known Defective and Recalled Products:
Although any product that causes injury might be found defective, some products have already been identified as potentially defective. If you have been harmed by any of the following products, you should contact us to find out if you might be owed money.
- Avandia: The Food and Drug Administration has publically linked this prescription drug with at least 100,000 heart attacks. Thousands of people have now sued the manufacturer, GlaxoSmithKline, and the U.S. Department of Justice has won $3 Billion from the company for failing to warn patients of the drug’s risks.
- Yaz: A popular birth control pill, together with another pill called Yasmin, Yaz, has been found to cause severe cardiovascular and blood disorders. This may lead to blood clots, gallbladder disease, strokes and heart attacks. Bayer Pharmaceuticals, the manufacturer, has already paid out over $1.7 Billion in settlements.
- DePuy Hip Implants: The ASR Hip Resurfacing System and the ASR XL Acetabular System were very popular until they were recalled in 2010. Several side effects have been identified including the implant coming loose and causing pain, and the fact that two of the metals used in the implant can poison patients or cause allergic reactions or tumors. DuPuy’s has already agreed to pay more than $4 Billion to settle existing claims and it may not be too late to claim compensation if you have been injured.
- Zimmer NexGen Flex Knee Replacement: These replacement devices have been shown to have a high failure rate and lead to revision surgery.
- Vehicle Defects: In 2015, more than 60 million vehicles were recalled in the United States for known defects. Vehicle defects often result in death or serious injuries to unsuspecting drivers or passengers. Many vehicles are being recalled for ignition switch defects and airbag problems. If you or a loved one has been injured by what you believe was a vehicle defect, call us to discuss your case. Personal injury consultations are free. You may be entitled to substantial damages and you may also have the opportunity to stop such an injury from happening to someone else.
- Takata Corp Airbags: Takata is a manufacturer of the airbags that are contained in many cars, particularly of Japanese origin. In 2015, massive recalls (link: http://www.safercar.gov/rs/takata/takatalist.html) are underway for defective airbags which have already resulted in the deaths of numerous people. Major carmakers included in this recall are Honda, Ford, Subaru, Nissan, Toyota, BMW, Mitsubishi, Mazda, GM, and Chrysler, among others. The defective airbags have been installed in many models from 2002 to 2014. If your car is on the list and you or someone you know has suffered an injury call for help.
- GM Ignition Defect: GM is currently recalling millions of vehicles to address a known ignition defect that often results in an airbag not deploying during a crash. Over 100 known cases of death have already occurred from this defect.
- Asbestos: Asbestos exposure may lead to fibrosis of the lungs and increased risk of lung cancer among others.
If you believe you or a loved one has suffered because of a product defect, call us for a free consultation today.