At Moll Law Group, we use what we have learned in litigating product liability cases across the U.S. to compile our Legal News Network® (LNN®).This is a free consumer safety resource in which we offer information about dangerous products, wrongful corporate conduct, interviews with experts throughout the nation, and product liability case updates. Our goal is to create a useful tool that ordinary people can share with family and friends. By working together, our product liability attorneys hope to make our nation a safer place to live.
When we bring a product liability lawsuit on behalf of a person who has been hurt or whose loved one has tragically died, we must identify a defect in the item that caused the accident. There are three possible types of flaws in products: manufacturing, design, or marketing. It will be critical to retain a knowledgeable expert during the process of investigating a product and determining which types of defects may exist.
Among the most common grounds for product liability lawsuits are design defects. These are flaws that exist in all products in a line because the manufacturer did not take them into account during the design process. For example, some sports utility vehicles have roofs that are not designed to withstand a crash, resulting in crushing injuries to the passengers inside if the vehicle rolls over. Similarly, some medical devices are not designed with adequate strength to stay in the body for the amount of time authorized by the manufacturer. The longer they stay inside the body, the more likely it becomes that they may break apart, necessitating surgeries and potentially resulting in serious complications. We try to track these types of problems in our Legal News Network® so that consumers can be more conscious of the risks associated with particular products.
When we retain an expert, the expert will likely need to provide testimony to support one of two tests used to prove a design defect. If the risk utility test is used, the expert will need to testify that the likelihood and gravity of an injury was more than what it would have cost the manufacturer to use an alternative design and the lessened utility of the alternative design. When using the consumer expectation test, the expert’s testimony will be used to show that the product was more dangerous than what a reasonable consumer would have expected in connection with that type of item.
Another common ground for a product liability lawsuit is a failure to warn (marketing defect). This issue arises frequently in cases involving injuries due to medical devices or dangerous drugs. It is not a defense for a manufacturer to claim that it did not know about a particularly dangerous side effect. Even after a product enters the market, manufacturers are required to keep up with news about the item and the potential adverse consequences associated with using it. However, a drug or medical device manufacturer usually can discharge its responsibility to warn consumers by warning doctors. For example, if a drug manufacturer warns doctors that using SSRIs during pregnancy can lead to certain defects, and the doctor fails to tell the patient of this risk, the doctor rather than the manufacturer may be held accountable.
Manufacturers often have many more resources at their disposal than the average consumer. In some cases, they even conceal information they have that would help consumers make informed decisions. With our Legal News Network®, we hope to increase consumer awareness about the dangers of certain products, thereby forestalling some of the injuries and deaths that arise out of their defects.
If you have story ideas or tips on any unsafe products or dangerous company conduct, please submit these to us for inclusion in our Legal News Network®. Our product liability lawyers are committed to pursuing compensation for victims of devastating accidents, but we hope our knowledge can help you stay informed and avoid becoming a victim. At Moll Law Group, our injury attorneys represent consumers nationwide, including in Illinois, Florida, Pennsylvania, California, New York, and Texas. Billions of dollars have been recovered in cases in which we were involved. Call us at 312-462-1700 or use our online form to set up a free consultation.