Dangerous and Defective Products - Recall Attorney
Product liability is the section of law in which manufacturers, producers, representatives, suppliers, providers, retailers, and others who make items readily available to the general public are accountable for the injuries those items cause. Although the word “product” is a broad term, product liability as a section of the law is typically only deal with products that injure or kill people. However, we have been successful recovering for a business that was effected by a defective product. Products liability primarily concentrates on hazardous and malfunctioning products, deemed defective under the law. That means the product was not designed safely enough or was manufactured negligently. A St. Louis products liability lawyer; also know as a personal injury lawyer, represents people with a personal injury in St. Louis and the Metro-East Illinois in matters against corporations or manufacturers who have sold or put into the stream of commerce defective, unsafe items to customers. In many circumstances, we have not just recuperated a considerable amount in verdicts and settlements for our clients that have been personally injured by these dangerous and defective products, but we have worked very hard to ensure that these defective products have been eliminated from the marketplace of forced a redesign in an effort to prevent any additional discomfort/pain, suffering, and damage to future individuals.
Categories of products:
- Medical devices
- Machinery and tools
- Medicine and Drugs- prescription and non-prescription
- Food and tobacco
- Toxic chemicals and substances, such as pesticides, asbestos, and mold
- Autos and other motor vehicles, including trucks and motorcycles
- Automobile accessories such as tires, seat belts, airbags and child car seats
- Household products and appliances
- Toys and recreational equipment
- Clothing and apparel
- Compensation for your personal injury:
- Medical bills
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Funeral expenses (in the case of a wrongful death case)
Have you been personally injured by a defective or dangerous product? Contact us today! We will let you know what your rights are.
Contact a St. Louis Defective Product attorney today!
Defective or dangerous items are the cause of thousands of injuries every year in the U.S. “Product liability law,” the legal policies concerning who is responsible for defective or dangerous products and this set of policies sometimes makes it simpler for a hurt individual to recover damages.
Product liability describes a manufacturer or seller being held responsible for placing a defective product into the hands of a consumer or someone exposed to it. Liability for a defective product that causes injury lies with all manufacturers and sellers of the product who are in the distribution chain. In general terms, the law requires that a product fulfills the ordinary expectations of the customer and be safe. When an item has a defect that causes injury or death, the product manufacturer and seller is liable for that injury or death.
There is no federal product liability law. Typically, product liability claims are based upon state laws and brought under the theories of strict liability or negligence in design or failure to warn of the dangerous, defective product. In addition, a set of commercial statutes in each state, modeled on the Uniform Commercial Code requires certain products conform to warranty law and that the product performs for the purpose sold.
Liable Parties of a Dangerous or Defective Product
For product liability to develop, at some point the products have to have been sold in the marketplace. Historically, a legal relationship, called “privity of contract,” had to exist between the individual injured by a product and the supplier of the product in order for the hurt individual to recover. In a lot of states today, however, that requirement no longer exists, and the injured individual does not have to be the purchaser of the item in order to recover. Anyone who foreseeably might have been hurt by a defective product can recover for his/her injuries, as long as the product was sold to someone.
Liability for a product defect could rest with any party in the item’s chain of distribution, such as:
- The product manufacturer
- A manufacturer of component parts
- The company(s) that puts together or sets up the product
- The wholesaler
- The retailer that sold the item to the consumer
For strict liability to apply in a defective and dangerous product case, the sale of a product must be made in the regular course of the supplier’s company. Hence, somebody who offers a product at a yard sale would probably not be responsible in a product liability case.
Types of Product Defects
Under any theory of liability, the injured person in a products liability case must show that the product that caused injury was defective in a way that made the product unreasonably dangerous. There are 3 types of defects that might trigger injury and generate manufacturer or provider liability:
Design Defects – Present in an item from the beginning, even before it is produced, because something in the design of the item is inherently hazardous.
Manufacturing Defects – Those that occur in the course of an item’s manufacture or assembly.
Advertising Defects – Flaws in the method a product is marketed, such as incorrect labeling, inadequate instructions, or insufficient safety warnings.
Who’s Responsible for these Dangerous or Defective Products?
The doctrine is known as “res ipsa loquitur”, this Latin term means “the thing speaks for itself,” moves the burden of proof in some product liability cases to the offender(s) and shows that the defect at issue would not exist unless someone was negligent. If the doctrine is effectively applied, the plaintiff is no longer required to prove how the defendant was negligent; rather, the manufacturer or seller needs to show that it was not negligent.
The second rule that assists persons injured by defective products is that of strict liability. If strict liability applies, the proof does not need to show that a manufacturer or seller was negligent, only that the item was defective and caused the injury or death. By removing the problem of manufacturer fault, the principle of strict liability allows persons injured to recover where they otherwise might not.
We’ve got the expertise, the knowledge as well as resources to hold manufacturers and sellers responsible for serious injuries or fatal accidents due to their products dangerous characteristics, including:
- Tire blowout resulting from the defective tire
- Airbag Injury
- Other car accident involving a different auto part that is defective or seat belt failure
- We associate with engineers, accident reconstruction specialists and medical professionals to help prove whether the product was unreasonably dangerous and caused the injury or death.
EXPERIENCED REPRESENTATION IN PRODUCT LIABILITY SUITS
Product liability cases need a learned lawyer to successfully assess the case. Considerations needed to be made to see if there is a compensable case are:
- Failure to research and safety testing
- Clear instructions for the safe use and failure for necessary warnings
- Failure to recall from the market a defective product or failure to notify the public of a product safety recall
- Failed safety devices on a construction site or an industrial environment
- Dangerous pharmaceutical drugs and malfunctioning medical devices
- Dangerous products that children and babies play with, including toys and cribs
- Defective car or vehicle design, faulty automotive parts or components, improper maintenance and installation of car and defective tires on vehicles
- Defective design of a gas tank resulting in explosions
- Seatbelt and seat failure in an accident or rear end collision
- Tire blowout or defective tires, causing tread separation
By their nature, some products just can not be made safer without losing their effectiveness. For instance, an electric knife that is too dull to hurt anyone would also be pointless for its intended function. It is generally believed that, as to such items, users and consumers are the very best equipped to lessen risk. Hence, while a product may not be considered unreasonably dangerous, makers and providers of unavoidably hazardous products have to offer appropriate warnings of the dangers and risks of their products so that consumers can make informed decisions concerning
Typical Defenses to Product Liability Claims
A defense often raised in product liability cases is that it has not sufficiently been established who manufactured or sold the product that causes the injury. There is a theory of liability to solve this problem known as the “market share liability” exception, which applies to cases involving defective medications. Where it cannot be identified which of the pharmaceutical manufacturers made or sold a particular product each manufacturer will be held accountable according to its portion of sales in the area where the injury occurred.
Another defense a producer might raise is that the product was significantly modified after it left the manufacturer’s control, and this change caused the plaintiff’s injury. An associated defense is that the injured person misused the product in an unforeseeable way and his/her misuse of the product caused the injuries alleged.
Unavoidably Unsafe Products
By their nature, some products just can not be made safer without losing their effectiveness. For instance, an electric knife that is too dull to hurt anyone would also be pointless for its intended function. It is generally believed that, as to such items, users and consumers are the very best equipped to lessen risk. Hence, while a product may not be considered unreasonably dangerous, manufacturers and sellers of unavoidably hazardous products have to offer appropriate warnings of the dangers and risks of their products so that consumers can make informed decisions concerning their use.
Getting Legal Help for a Defective Product Injury
Product liability actions generally are fairly complicated and establishing legal fault typically requires the help of experts. There are numerous theories under which a plaintiff may bring a claim and numerous defenses that may beat such a claim. Additionally, every state has its own laws and particular statutes that will certainly impact a product liability case.
It is essential to get in touch with a knowledgeable personal injury attorney that handles dangerous or defective product cases if you or a loved one suffers an injury caused by a possibly defective item. It is usually imperative that the product that caused the injury be retained. Contact us for an experienced St. Louis product liability lawyer and personal injury law firm to have your claim assessed free of charge.