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, which can lead to shoddy production and seriously harmful products. Defective products or medications can lead to serious injury, financial loss, and sometimes even death.
If your or a loved one has been injured by a defective or dangerous product, our attorneys in Prestonsburg may be able to help. Please fill out our free case evaluation form to learn what our attorneys may be able to do for you.
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. This means the whole line of products using that design are defective, and might have greater implications on your case that 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 form of product liability is a failure to warn — these products lack a mandatory sticker or label indicating the instructions or warning from the American National Standards Institute. ANSI requires warning labels informing consumers of existing product hazards, their severity and side 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 and 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 claims arise when an individual is injured by a dangerous or defective product. The resulting injury must stem directly from the manufacturing defect. Product liability appears in all markets, and have become especially prominent recently with it comes to medicine and technology. Some common examples include:
- Topamax; and
- Unfair Overdraft Protection Fees; and
- Gas Station Gift Cards.
- Transvaginal Mesh;
- DePuy ASR Hip Implant; and
- Shoulder Pain Pump.
- Chinese Drywall;
- CSST; and
This list is by no means exhaustive. Products can fail at any time, through no fault of your own. Prestonsburg residents could be particularly susceptible to medical or mechanical defects.
Who Is Responsible?
Determining the responsibility for product liability can be daunting task, but an experienced attorney can likely get to the bottom of who is at fault. 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. Any or all of these parties can be responsible, and a knowledgeable lawyer can help determine who.
What Can a Competent Prestonsburg Attorney Help Me Recover?
Injuries resulting from defective products can rob an individual of their physical and financial independence, and impact life in a variety of ways. Our team at Morgan & Morgan understands the difficulty this situation creates and may be able to help you.
If you suffered an injury due to a defective product, we can help. To learn what our Prestonsburg product liability attorneys may be able to help you, please fill out our free case evaluation form today.