When you spend money on a product, you assume it will be safe to use. Unfortunately, there are many instances in which a defective item causes injuries or even the death of a user or a bystander. Manufacturers make a profit from their goods, and they should be held accountable by a products liability attorney for injuries caused by defective products. At Moll Law Group, our injury lawyers provide vigorous representation for accident victims nationwide.
Product liability cases can be based on theories of strict liability, negligence, breach of warranty, or misrepresentation. In some cases, plaintiffs may choose to plead all of these theories and then investigate to see which are the most appropriate to pursue at trial.
To recover damages under a theory of strict liability, for example, the plaintiff will need to prove with the assistance of a products liability lawyer that the product's condition was unreasonably dangerous, the dangerous condition existed when the product left the manufacturer’s control, and the plaintiff's injuries were caused by that condition. There are three main types of dangerous conditions or defects that can potentially give rise to liability. These are manufacturing defects, design defects, and marketing defects, also known as failures to warn.
Generally, manufacturing defects are flaws caused during the manufacturing process. They will exist in one or a very limited set of products in a particular line, and they will be a deviation from the specifications or blueprint for the product. For example, an automobile with an airbag that fails to open probably has a manufacturing defect, as does a contaminated batch of drugs.
In contrast to manufacturing defects, design defects exist in all of the products in a particular line because they were an intended part of the design. There are two tests that can be used to prove a design flaw. In the risk utility test, a manufacturer may be held liable when the likelihood of an injury and its seriousness are greater than what it would have cost the manufacturer to implement an alternative design and the lessened usefulness if the alternative design were implemented. The other test is the consumer expectation test, in which the plaintiff must show that the product is more dangerous than what a consumer typically expects from a specific product.
Marketing defects exist when there are flaws in the product information that manufacturers provide to consumers or learned users. For example, if a manufacturer fails to warn doctors that an increased risk of fatal blood thinning is a side effect of a particular drug, this probably would be a failure to warn or marketing defect.
Even if a plaintiff is able to prove the existence of a particular product defect, the specific plaintiff and the use to which he or she puts the product must be reasonably foreseeable. Liability only exists if the individual who could be hurt can be reasonably foreseen, and the use to which the product was being put was also reasonably foreseeable.
If you successfully prove your case, you can potentially recover a wide range of compensatory damages, including medical bills, out-of-pocket expenses, the costs of future treatment, loss of income, mental anguish, and pain and suffering.
Our products liability attorneys can advise people throughout the U.S. who have been hurt by defective drugs, medical devices, auto parts, or other items. Moll Law Group provides aggressive representation and thorough consumer education. We are accustomed to handling large cases that have a significant social impact. Billions of dollars have been recovered in cases in which we were involved. We can represent injured consumers in states such as California, Florida, New York, Texas, Pennsylvania, Ohio, and Michigan. Call us at 312-462-1700 or use our online form to set up a free consultation.