Companies have a duty to their consumers to make certain their products are safe to use, and when they’re not, they may be liable for the repercussions. If you or a loved one ahas been injured due to a defective product, you may be able to seek compensation with a product liability claim. Contact the law firm of Koonz McKenney Johnson & DePaolis LLP and speak to a highly skilled product liability lawyer today. We offer free consultations.
An experienced product liability lawyer will navigate you through the complex personal injury claims process, explain every step along the way, but also handle all aspects of the case for you. That way you will have the opportunity to heal from your injuries. The following will be completed on your behalf:
By hiring of a qualified lawyer, your legal stress will be alleviated as your lawyer will do everything in their power to obtain the compensation you are owed for your injuries.
Product liability may be based on negligence and often results from a design defect, a manufacturing defect or a failure to warn.
It is important that you have an experienced and winning Washington DC product liability attorney on your side. Our law firm has served many such cases and is well versed in how a manufacturer or company operates and how to obtain the best compensation for you.
Unlike negligence claims, which focus on the behavior of the seller, strict liability claims focus on the product itself. Under strict liability, the seller may be held legally responsible for resulting injuries if the product is defective, even if the seller used all possible care in the preparation and sale of the product. Strict products liability applies primarily to manufacturing defects in which an individual was using a product in a manner that was foreseeable by the manufacturer. In some instances, strict products liability theory may also apply to design defects.
Strict liability only applies in cases in which:
Products are considered “defective” where there was either a manufacturing defect or where the consumer can prove that there was a design defect because there was a safer, economical and practical alternative method of designing the product.
There are a few industries that commonly have products recalled due to safety concerns:
Toys have been the subject in many product liability lawsuits over the years, particularly toys that are easily swallowed by small children and create a choking hazard.
Hundreds of thousands of people use new drugs or devices before the risks are fully understood.
Another common source of defective product claims, as many things can go wrong in the design and manufacturing of a vehicle, possibly leading to fatal consequences. Some examples include top-heavy SUVs that were prone to flipping over and defective tires which have caused accidents.
A few well-known occurrences of these types of defective products are the Roundup Ready Weedkiller, which has been linked to causing cancer, as well as asbestos which was used in auto manufacturing and building materials, since discovered to cause mesothelioma, a type of lung cancer.
A products liability case can be based either in strict liability or in negligence. Strict liability only applies to manufacturers that routinely sell that particular type of product. To prove strict liability, you must be able to show that:
If a seller cannot be held strictly liable, you must also prove that the seller’s behavior was negligent.
Negligent behavior can be proven by showing that there was a design defect, a manufacturing defect, or a failure to warn. A design defect is a failure by the manufacturer or producer to design the product in a manner that is safe for its intended use. Generally, a design defect can be demonstrated by showing that a particular product could have been designed using a safer alternative method. An example of a design defect is a machine that was designed without a safety device so that the machine injures users when it is being used for its intended purpose.
Manufacturing defects are defects that occur during the manufacturing process, regardless of the product’s design. Although the product may have been designed safely, the manufacturer made a mistake that made the product unsafe. Examples of these defects include a manufacturer using the wrong materials or forgetting a step during the manufacturing process.
A failure to warn of a product’s danger involves the manufacturer’s negligence in failing to provide proper instructions about a product’s use. Even the simplest products may be dangerous if not used properly. Accordingly, manufacturers have a duty to warn consumers of any non-obvious dangers associated with the use of their products.\
Strict liability only applies to manufacturers that routinely sell that particular type of product. To prove strict liability, you must be able to show that the product was defective and that, as a result of that defect, you were injured.
Products are considered “defective” where there was either a manufacturing defect or where the consumer can prove that there was another safer way to design the product.
Each state has its own statute of limitations, which is the time you have file suit. The statute of limitations begins to run on the date of the injury. If you have been injured, you should immediately contact a product liability attorney to determine how long you have to file suit.
In a products liability case, you may be able to recover:
Compensatory damages are those used to cover medical bills, lost wages due to an inability to work, and any property damage caused by a defective product.
Pain and suffering damages are those paid to compensate you for the pain endured due to your injury.
Loss of consortium is a special kind of damages intended to compensate for any negative consequences your spouse’s injury has had on your relationship. Generally, loss of consortium applies where a spouse was killed or received severe permanent injuries that require the other spouse to care for him or her.
If a defective product has injured you, you may be able to bring a products liability suit against the manufacturer or seller for compensation for your disability, pain and suffering, medical expenses, and lost wages. As promptly as possible after the injury, you should try your best to preserve the product in the same condition it was in when it caused the injury.
You should contact one of our Washington DC product liability attorneys to assist you in evaluating whether you may have a viable legal claim and in identifying any responsible parties. It is important to seek legal advice promptly because your right to obtain monetary relief may be lost if you wait too long.
If you need assistance in your products liability claim, an experienced Washington, D.C., Maryland or Virginia injury attorney at Koonz McKenney Johnson & DePaolis LLP is available to answer any questions or concerns that you may have.
Our team of highly experienced product liability attorneys at firm of Koonz McKenney Johnson & DePaolis LLP have decades of experience handling injury cases due to defective products. Call today to schedule a free case evaluation.