DEFECTIVE PRODUCTS
Next time it might be worse
DEFECTIVE PRODUCTS
Next time it might be worse
DEFECTIVE PRODUCTS
You Could Save Lives
Defective Products Attorneys
Not every discovery of a defective product results in a lawsuit. And yet, when defective products cause harm or have the potential to hurt others, taking legal action is critical. At Cole & Van Note, our experienced defective products attorneys are committed to protecting consumers and holding manufacturers accountable.
Defective cars, electronics, or appliances can result in serious injuries—or even death. For example, faulty vehicles may lead to accidents, and defective computer hardware can cause the loss of valuable data. If you’ve encountered one of these issues, you’re not alone. When large numbers of people are harmed, that’s when class action lawsuits are ideal. They offer an efficient and cost-effective way to address widespread harm caused by dangerous or faulty products. And, to you, they’re free.
How are product liability claims different from other personal injury cases?
In most personal injury cases, such as car accident claims or medical malpractice claims, victims must prove that the defendant either was negligent or acted intentionally so as to recover compensation.
For example, in a car accident case, the plaintiff would need to show that a reasonable person would have been more prudent than the defendant was. If the defendant’s lack of care can be shown to have harmed the plaintiff, the defendant would pay damages.
In a product liability case, proving negligence is often not necessary. This makes it easier for victims harmed by consumer products to win a civil case and get the compensation they need.
What are Some Product Liability Examples?
Some common examples include:
1. Design defects.
Design defects occur when a product is flawed from the start. For example, if a vehicle’s design makes it more likely to roll over and cause serious injuries in an accident, that would be a design defect.
2. Manufacturing defects.
In some cases, problems occur during the manufacturing process. For example, a manufacturer might leave a piece of the vehicle out at the assembly line or install the air bag incorrectly. In that event, the risk of injury in a car accident increases. The manufacturer of the product could be held accountable, as could the manufacturer of its parts. For example, if defective airbags are put into a car, the manufacturer of the airbags AND the manufacturer of the car could be sued under products liability laws.
3. Breach of warranty.
Products may come with express or implied warranties. Express warranties are written warranties that provide certain guarantees. Those promises come directly from the manufacturer. Implied warranties are not written agreements between the consumer and merchants or distributors. Instead, they are implied by law or circumstance. Implied warranties include the warranty of merchantability. This is a legal rule that dictates that a product can be assumed to be fit for use for its intended purpose. If the state requires certain types of items to have a warranty, this also creates an implied warranty for the product.
4. Failure to warn.
Some products are safer than others. And, in certain situations, it’s impossible to eliminate all risk of something going wrong. As such, manufacturers have a duty to disclose inherent side effects or risks associated with using a particular product if there are potential safety issues. If they fail to provide proper notification, that’s a failure to warn.
Examples of Product Liability Cases
There are many examples of product liability cases including the following:
- Drug manufacturers who fail to warn about the dangerous side effects of the medication they are selling;
- Manufacturers in the motor vehicle industry who include faulty ignition switches or defective airbags in their vehicles—even if this occurs unintentionally;
- Medical device manufacturers who design devices in a faulty way that causes harm to the consumer, such as replacement hip joints that shatter inside of the body.
What Does a Plaintiff Have to Prove in a Product Liability Case?
In a product liability case, a plaintiff needs to demonstrate:
- The product was defective in some way;
- That they used the product as intended;
- The product defect caused them to suffer some harm;
- They are due some compensation for the damage they endured.
Plaintiffs do not need to prove the defendant acted negligently or intentionally in most product liability cases. That’s because a legal doctrine called “strict liability” applies. Under strict liability rules, plaintiffs can often prevail in court if they show the problem with the product was the direct cause of unexpected harm.
Who Can be Sued in a Product Liability Case?
Anyone in the chain of distribution that results in a product getting to consumers could be held liable under product liability laws if a defect causes harm. This can include:
- The manufacturer of the product;
- The manufacturer of parts that go into the product;
- The individual or company that assembles the product;
- The individual or company that installs the product;
- Wholesalers;
- Merchants who sell products to consumers in the ordinary course of their business.
In order for strict liability rules to apply to sellers, they must have sold the product as part of their regular consumer operations. This rule protects casual, non-commercial sellers from being swept up in product liability claims. For example, if a person sells a stroller on Facebook Marketplace and the stroller has a defect, the seller who listed it wouldn’t be held accountable under strict liability rules.
What Compensation Can Victims Get If Harmed by a Defective Product?
If you are harmed by a defective product, you can be compensated for:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
When a product defect results in a death, surviving family members or the estate of the deceased can pursue a claim for wrongful death. This enables victims to be compensated for loss of income the deceased would have provided; for medical costs incurred prior to the death; for funeral expenses; and for loss of the deceased person’s companionship. As trusted products liability lawyers, we’ll help you recover the value of your defective item—and possibly much more.
How Long Do You Have to File a Product Liability Claim?
If you have been harmed by a defective product, you have a limited amount of time to take legal action. That’s because a statute of limitations applies in every state.
The statute of limitations sets a maximum time deadline for how long you have to pursue an injury claim. It exists in order to ensure people bring cases when evidence is still available and eyewitness memories are fresh.
The statutes of limitations vary from state to state but are usually between one and four years. It is required to pursue a case before the statute of limitations runs out or the case is time-barred. Then, you will become unable to recover compensation.
Talk to one of our defective products attorneys today to disocver the compensation you’re owed.
Other Resources
If you’ve discovered a defective or unsafe product, the first step is protecting yourself—and then reporting the issue. Several organizations handle product safety violations, including:
- The U.S. Consumer Product Safety Commission (CPSC)
- The Food and Drug Administration (FDA)
- The Environmental Protection Agency (EPA)
- The National Highway Traffic Safety Administration (NHTSA)
- The Better Business Bureau (BBB)
In addition to filing a report, reach out to the manufacturer or retailer. Many companies offer returns or replacements without issue. If that doesn’t work:
- Safely store the product (if possible).
- Gather all supporting documents—like receipts and warranties.
- Contact our legal team.
Our defective product attorneys can assess your case and guide you through your legal options. Whether it’s a faulty appliance, unsafe toy, or vehicle defect, you deserve representation from lawyers who specialize in dangerous product claims.