A products liability claim is a cause of action brought by a consumer who was injured by a product that failed to function in a reasonably safe manner. Product liability cases cover a wide range of defective product types and scenarios, but they all have one thing in common: If a manufacturer, supplier, distributor, retailer, or other party failed to follow industry standards for producing or selling a product, and that product caused an injury, that party could be held liable for damages. There are three types of product liability claims: Manufacturing defects, design defects, and marketing defects.
What does a products liability lawyer do?
A products liability lawyer represents individuals who have been harmed by defective consumer goods including medical devices, dangerous drugs, toys, automobiles, home appliances, food, toxic chemicals and other goods people buy and use every day.
Who Can Be Held Liable for a Defective Product?
In order to hold a manufacturer or seller liable for a defective product, you must be able to demonstrate that the product was defective when it left the defendant's possession. In a product liability case, the injured party can sue one or more parties involved in the creation and distribution of the product.
These parties include: Product designers/engineers, product manufacturers, product inspectors/quality assurance testers, and product suppliers. Product distributors, retailers, and other parties who are not part of the production process may also be liable for damages in certain cases.
When Can You Pursue a Product Liability Claim?
You should report your injuries to the appropriate government agency as soon as you realize you have been hurt by a defective product. Failure to report the defect could jeopardize your legal rights, as it is important to identify the underlying cause of your injuries and file the appropriate claim as quickly as possible.
What Damages Can I Recover If I Prevail in A Defective Product Case?
If a plaintiff proves the product was defective, they are entitled to recover damages for: past and future wage loss; past, current and future medical treatment; damages for pain, suffering and emotional distress; and, if the plaintiff can meet the standard, punitive damages (i.e., damages intended to punish the defendant and deter future similar conduct).
How Do I Establish Liability in a Defective Product Case?
If a plaintiff proves the product was defective, they are entitled to recover damages for: past and future wage loss; past, current and future medical treatment; damages for pain, suffering and emotional distress; and, if the plaintiff can meet the standard, punitive damages (i.e., damages intended to punish the defendant and deter future similar conduct).
What Are the Common Elements of a Products Liability Claim?
Regardless of the legal theory that the lawsuit is brought pursuant to, there are three common elements to all product liability lawsuits, The lawsuit must involve a product, the product must be found to be defective, and the product defect must be found to be the proximate cause of the injury.
What is a failure to warn or defect in warnings?
A failure to warn also referred to as a defect in warnings means a product may still be considered dangerous even if there was no design flaw and it was manufactured properly because of inadequate instructions or warnings when the foreseeable risks of harm posed by the product could have been reduced or avoided by the provision of reasonable instructions or warnings. In other words, a failure to warn claim, does not claim any physical defect exist with the product. Instead, a failure to warn claim asserts the defendant manufacturer did not supply adequate warnings or instructions on how to use the product safely, and the plaintiff was injured due to the failure to disclose the risk.
A manufacturer has two related duties when creating warning labels and instructions. First, the manufacturer is required to warn users of hidden dangers that may be present in a consumer product; and second, the manufacturer must instruct users how to use a product so that the users can avoid any dangers and use the product safely.
When are warnings required?
Warnings are not required in every case. Warnings are generally required when: (1) the product presents a danger; (2) the manufacturer knows about the danger; (3) the danger is present when the product is reasonably used in its intended manner; and (4) the danger is not obvious to the reasonable user.
What is a drug manufacturer's duty to warn?
A drug manufacturer has a duty to warn of side effects of a drug when such effects are understood to occur, but is not expected to warn of unknown dangers. The drug manufacturer is considered to be an expert in its field, and therefore it has a continuing duty to keep apprised of knowledge regarding its products and take all reasonable steps to update medical professionals on their potential adverse effects.
What is negligence?
Negligence means that a manufacturer may be liable for a defective consumer product if it was foreseeable that a product defect would cause injury but did not act in a reasonable manner to prevent it.
What is a warranty?
An inherent promise that comes with a consumer product that ensures that the product is fit for its intended use.
What is strict liability?
Strict liability means that a manufacturer of a consumer product may be liable for a defective product when that product injures a consumer, regardless of whether or not the defect was the manufacturer's fault.
What is a Design Defect?
A design defect means there is a foreseeable risk of injury even when the consumer product was manufactured as intended and used for its intended purposes.
What is a Manufacturing Defect?
A defect in a consumer product where the product is improperly manufactured and departs from its intended design.
What is assumption of risk?
A legal doctrine that means the plaintiff cannot receive compensation for injuries from the defendant because the plaintiff freely and knowingly assumed the risk of injury and relieved the defendant of the obligation to act with reasonable care.
procedure
what is an answer to a complaint?
An answer is a pleading, or formal written response, to the plaintiff's complaint in which the defendant responds to each of the allegations in the plaintiff's complaint and sets forth defenses to all or part of the plaintiff's claims in the complaint.
What is a contingency fee?
A contingency fee agreement means the plaintiff does not pay anything up front; instead, the lawyer’s fee is a percentage of any damages award or settlement the lawyer obtains for the plaintiff.
What does it mean to have to produce documents?
Rule 34 of the Federal Rules of Civil Procedure allows a party to serve document requests on the other party(s) to produce and permit the requesting part or its representatives to inspect, copy, test, or sample the documents produced whether tangible or electronic.
WHAT IS A CLAIM?
A claim is a formal demand by a party for payment that is due as a remedy for an injury against another party.
What is a complaint?
A complaint is typically the first document filed in a lawsuit and the document that starts a lawsuit. A complaint Identifies the parties, including their names and addresses; explains why the court has jurisdiction to hear the case; states the plaintiff's claims against the defendant; states the facts of what happened, according to the plaintiff; and sets forth the plaintiff's request for relief.
What is a court hearing?
A court hearing is any formal proceeding before a court that is usually brief to resolve a specific question or motion prior to a full trial.
What is a deposition?
A deposition is a statement(s) that is made under oath by a party or witness in response to oral examination or written questions and that is recorded by an authorized officer, referred to as a court officer.
What Is Evidence?
Evidence is any item, document or any other piece of information proffered by a party to make the existence of a fact more or less probable. Examples of evidence include documents, testimony, photographs, audio or video recordings, or other tangible objects. To be admitted by a court, the evidence must be admissible under the rules of evidence in the jurisdiction where the court and case are located.
what is an expert witness?
An expert witness is someone with a background in a certain area of expertise, including knowledge, abilities, education, or practice, and is often called upon in a courtroom to provide insight to help the court comprehend intricate technical or scientific matters.
what is a free case evaluation?
A free case evaluation is an opportunity to talk with a lawyer for no charge about the aspects of your case to determine whether or not you should pursue a claim for damages and the amount of those damages. An attorney will provide you with an assessment of your case and ability to recover damages and help you determine a reasonable compensation for your injuries to demand through a lawsuit. The attorney will ask you various information regarding your potential case. You should expect to be asked many questions during the free case evaluation. After listening to you story and all the facts you provide about your potential case, the attorney will make an assessment and let you know if he believes you are eligible to file a lawsuit, and if so, how much compensation he believes you should demand in your lawsuit. There is no cost associated with a free case evaluation, and no obligation to hire the attorney. Everything you say to the attorney is confidential, whether you hire the attorney or not. The attorney will base their decision on whether or not you have a case and how much compensation to pursue based on what you tell them so you should be completely honest and tell the attorney all the facts of your potential case so the attorney can develop a complete understanding of your potential case and all the details surrounding it.
what is a jury trial?
A jury trial is a trial in which a jury makes findings of fact and renders a verdict for the trial in favor of one of the parties.
what is a lawsuit?
A lawsuit refers to a legal dispute or controversy between two parties that is brought before a court of law for resolution. It is a formal process that allows individuals or organizations to seek a legal remedy for a perceived wrong or harm caused by another party. Lawsuits can arise from a variety of issues, such as personal injury, breach of contract, property disputes, or employment conflicts. The main purpose of a lawsuit is to provide a fair and impartial forum where both parties can present their arguments and evidence, and a judge or jury can make a final decision based on the applicable laws and facts of the case. Lawsuits can be complex and may involve extensive legal research, documentation, and court proceedings. Ultimately, the outcome of a lawsuit depends on the strength of the evidence and arguments presented by each party, as well as the interpretation of the law by the court.
What is a motion?
A motion is not a pleading, but a request that a judge make a legal ruling and decide a certain issue in the case prior to trial.
what are punitive damages?
Damages that can be awarded by a court in addition to actual damages. They are designed to punish the defendant for their actions and are not awarded unless the plaintiff can show the defendant's actions were intentional, wanton, willful, or reckless (the standard is different depending on the jurisdiction).
What are "relevant" documents?
When it comes to documents, the term "relevant" holds a significant meaning. In connection with documents, "relevant" implies that the information contained within the document is applicable, pertinent, and directly related to the subject matter at hand which is the lawsuit. Relevant documents provide valuable and specific details that contribute to the understanding and resolution of a particular issue or topic. On the other hand, irrelevant documents, do not. For example, if you filed a medical malpractice lawsuit and were asked to produce all documents relating to your divorce, that request would be objectionable since they have no bearing on any issue in your medical malpractice case.
what is a settlement?
A settlement is an agreement to end a disagreement or dispute such as a lawsuit, usually by one party offering to pay the other party a sum of money or other consideration in exchange for dismissing the lawsuit.
what is a subpoena?
A subpoena is a written order from a court compelling an individual to give testimony on a particular subject set out in the subpoena, often before a court, but sometimes in other proceedings such as deposition. Failure to comply with such an order to appear may be punishable as contempt.
What is a witness statement?
A witness statement is a person's account of the facts and events of the relevant issues that occurred in a dispute usually leading to a lawsuit. A witness may give their statement either orally or in writing; however, it must eventually be put into a formal written document and signed by the witness in order for it to be used as proof or evidence in a lawsuit.
u.s. food & drug administration
What is an adverse event?
An adverse event, also referred to as a side effect, is any undesirable experience that is associated with the use of a medicine or drug in a patient. They can range from mild to severe, but serious adverse events being those that can is any undesirable experience associated with the use of a medicine in a patient.
what is a black box warning?
The FDA has a highest-level warning--known as a black box or boxed warning--for drugs and medical devices. These warnings are meant to make the public and healthcare providers aware of any dangerous side effects, which could possibly lead to severe harm or even death. Companies are required by the FDA to add a warning label to any medication that has a black box warning. If a drug receives a black box warning, its manufacturer is required to create a medication guide describing how patients may safely use the drug. The guide is available on the FDA's website and also comes with the medication when a patient gets it from a pharmacy.
