Toys, vehicles, medication, and appliances are everyday products we all use that are potentially very dangerous. You have an expectation that when you buy something in the store it is safe to use or consume. Most of the time this expectation is met, and when it isn’t there are laws in place that give you legal options.
At Morgan & Morgan, our product liability team recognizes that manufacturers are legally obligated to produce safe products. However, in today’s economy, expedient marketing and high profits drive desires for cheaper engineering, worse production, and seriously harmful products. Product liability claims arise when an individual is injured by a dangerous or defective product. The resulting injury must stem directly from the manufacturing defect.
What Makes a Product Dangerous?
Products can be dangerous in a variety of ways. A product can be defective if it is poorly manufactured on an individual basis, and that instance of improper manufacturing led directly to your injury. Worse than a manufacturing error is a design error, which makes a product inherently dangerous or defective instead of in single instances. This means the whole line of products using that design is defective and might have greater implications on your case your attorney can shed light on. Marketing defects involve false advertising or claims.
Commonly, these types of claims are filed against pharmaceutical companies who overstate the positive effects of using their product or minimize side effects. False marketing can occur in any industry, however, so be on the lookout. Another method of showing defectiveness is a failure to warn, a sticker or label indicating the instructions or warnings that are required by the American National Standards Institute or good practices. ANSI requires warning labels to inform consumers of existing product hazards, their severity and effects, plus how to avoid them.
Any of these can qualify as a product liability claim if your injury was directly caused by the product, through no negligence of your own. A knowledgeable attorney can discern the different types of product liability and see which apply to your situation.
Examples of Recent Product Liability Claims
Product liability appears in all markets, and have become especially prominent recently when it comes to medicine and technology. Some common examples include:
- Transvaginal Mesh
- DePuy ASR Hip Implant
- Shoulder Pain Pump
This list is by no means exhaustive. More products, like e-cigarettes have seen a growing body of evidence decry them as being very dangerous. Products can fail at any time, through no fault of your own. Birmingham residents could be particularly susceptible to medical or mechanical defects.
Who is Responsible?
Determining responsibility for product liability can be a daunting task, but a seasoned attorney can differentiate between different sources of negligence. Most commonly, the defendant will be the manufacturer, retailer, or wholesaler.
The manufacturer is the entity that produced the product, whether a multinational corporation or a person working out of their house. In short, any party that designed and marketed a product is a manufacturer, and a claim can involve either a manufacturer of a specific part or of the entire product.
Retailers are responsible for vetting and selling products, and they imply a product is safe and ready for use. If a consumer buys a defective product, the seller can be held liable for damages, even though they weren’t involved in the manufacturing. When making a claim against a retailer, you don’t necessarily have to have purchased or used the product.
A wholesaler is the middleman between the manufacturer and retailer, and can also be held responsible under certain circumstances.
How Can a Birmingham Attorney Help Me?
Injuries resulting from defective products can rob an individual of their physical and financial independence, and impact your life in a variety of ways.
Our team at Morgan & Morgan understands the difficulty this situation creates and may be able to help you. Our Birmingham office is ready to represent you in your fight for fair treatment and compensation for the injuries you’ve received due to a defective or dangerous product.
Contact us today for a free, no-risk case evaluation to find out more.