Every day, thousands of Americans are injured by the products they purchased to make their lives easier. Feelings of shock, uncertainty, and pain join with confusion as the injured try to move forward after their accident. Facing unexpected medical expenses, time of off work, and emotional trauma, it may seem like there is no one to turn to. But victims have the right to pursue the party responsible for the defect that caused the them to suffer.
For decades, the attorneys at the Lipsig Firm have helped product liability victims receive proper compensation for their losses by filing lawsuits
Should I Have Been Aware That A Product Was Dangerous?
No. It is not the responsibility of the owner of the product to determine if a product is dangerous. Product designers, manufacturers and retailers are the parties responsible for creating and selling a safe product.
Can I Sue If A Product Has Been Recalled?
The U.S. Consumer Product Safety Commission (CPSC) is the organization in charge of protecting the public from unreasonable risks of injury or death from consumer products. If a product is reported to be defective, the CPSC may issue a recall of that product.
You can find a complete list of all products recalled by the CPSC here.
Sadly, these recalls are usually only announced after someone has been seriously injured or has died. Recalls are not limited to household items, they can also include automotive recalls, drug recalls, and food recalls.
Victims of products that are defective may be able to pursue legal action in the form of a product liability lawsuit. These complaints may provide the victim with proper compensation for the injuries they have suffered. It does not matter if the product has been recalled, you may still be eligible for compensation.
The Three Types of Product Liability Lawsuits
When the use of a product causes injury because it was poorly designed, defective, or because it did not live up to the standards that the warranty makes about its performance, the victim may seek recovery from a variety of defendants. Defendants may include the designer, manufacturer, parts suppliers, and retailers.
In these cases, the victim pursues legal action by claiming that the defendant was negligent. In product liability cases, this would mean that the defendant didn’t use the expected amount of care when designing or manufacturing the product. This can also mean that they failed to warn of a known danger associated with using the device.
Breach of Warranty
This type of lawsuit alleges that the warranty which the manufacturer advertised failed. When the performance fails, the defendant may be held liable for any resulting injuries.
Strict liability centers on the inherent dangers of the product. In order to prove a strict liability product case, the plaintiff must show:
- the defendant sold the product
- the product was defective and was therefore dangerous and these conditions resulted in the injury of the plaintiff, and
- the product was in no way altered from the time that it was sold.
Essentially, this type of lawsuit applies liability to the manufacturer no matter what. The plaintiff will have to prove that the product caused harm, however, they do not have to prove how the manufacturer was negligent.
Three types of product defects:
This exists when a defect is inherent in the design of the product. A plaintiff must be able to prove there is a hypothetical alternative that would be safer than the original design, as well as practical and economically feasible.
This defect is one which was not intended. This kind of defect occurs when the product does not match its design, making the product more dangerous than the person who purchases it expects it to be.
This defect addresses the warning and instructions that accompany the product. If the manufacturer fails to provide proper warning labels or clear instructions, they may be held liable.
All of these defects can result in serious injury to the consumer.
Common Injuries Associated with Product Liability
Any number of injuries can occur because of a defect in a product or the manufacturer failing to warn the consumer of potential dangers. A few of the common injuries include:
- Amputated digits
- Broken / Fractured Bones
Should I Contact A Product Liability Attorney?
The product liability attorneys at the Lipsig Firm have handled all types of lawsuits regarding defective products. We are eager to fight on the behalf of our clients so that they may receive the maximum compensation for their injuries. We work on a contingency fee basis which means that you don’t pay until you receive compensation.
We have successfully won large sums for our clients, ensuring that they are properly compensated for their loss.
For a free initial consultation, contact us now at 646-846-4496.