Defective Products/Products Liability Attorneys

What constitutes a products liability claim?

Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on where the claim originates. Most of the time, products liability is considered a strict liability offense. This means that the plaintiff only has to prove that there is a defect in the product. Then, the manufacturer or supplier causing the damages is considered to be 100% responsible regardless of any degree of carefulness on their part or any lack of care by the consumer, nullifying any possibility of comparative or contributory negligence.

What is a Product Defect?

There are three types of product defects that can incur liability for manufacturers and suppliers: design defects, manufacturing defects, and defects in marketing. Design defects are inherent defects that exist before the product is manufactured. Manufacturing defects occur during the construction or production of the product, and defects in marketing involve improper instructions for safe use or operation of the product and/or failures to warn consumers of latent dangers in the product.

Products defects not only cover tangible products, like an automobile, but also intangibles (gas, asbestos or other chemical substance), naturals (pets), real estate (house or land) and writings (navigation charts).

Who can be held liable for a claim?

A lot of people know that the manufacturer would be held liable for damages and injuries caused by a defective product. But, most people don't know that sellers of the product (including everyone between the manufacturer and reseller, such as wholesalers and distributors) may also be liable for the damages even if they didn't know of or cause the defect.

What if I am injured by a product that was made in a foreign country?

Once a product that is wholly or partly manufactured in a foreign country is sold in the United States, anyone involved with the manufacture or sale of the product becomes subject to the laws of the U.S. so, it is possible to sue the foreign company for damages caused by the defective product.

How much time do I have to file my claim?

Each state has a specified period of time in which you have to file your suit. This time period is called a statute of limitations. The statute of limitations typically begins on the date the injury occurred. However, some states have a clause, called a delayed discovery, where the statute of limitations doesn't begin until you've discovered the injury. This is an important protection because in some cases you won't know about an injury for months or even years. A couple of examples would be leaky breast implants or the development of cancer or other illness due to exposure to asbestos, toxic mold or some other toxic substance.

Should I hire a Products Liability Attorney?

Buyers, users, and even bystanders can potentially sue for damages or injuries caused by defects in goods purchased because a manufacturer can be held liable if the product in question has a defective condition that makes it unreasonably dangerous to the user or consumer. If you've been injured or become ill due to a product defect, contact a qualified Lead Counsel products liability lawyer right away who can help to protect your legal rights and fight for the compensation to which you may be entitled.

Frequently Asked Questions

• I was injured. Can I file a lawsuit for my injuries?
  You can make a claim against another party or parties if they are more at fault for your injuries than you are. In general, when a person is injured as a result of another person's negligence, … more
• What legal rights does someone have if they've been injured in a car accident with a car that has been recalled?
  In general, when a person is injured as a result of another person's negligence, the injured party may pursue a claim against the party or parties that caused the injuries. Any personal injury … more
• What is 'strict liability'?
  Some persons or companies may be held “strictly liable” for certain activities or products that harm others, even if it can’t be shown they acted negligently or with intent. This … more
• What is Bisphenol A (BPA)?
  Bisphenol A, also called BPA, is a chemical used to make certain types of plastic infant bottles and other plastic products. Scientific studies have found a possible link between exposure to BPA … more
• Defective Drug Warning Labels and Off-Label Use
  When doctors prescribe drugs they usually take great care to explain the potential side effects you may experience. These warnings are repeated by a pharmacist when you pick up your drugs, and … more