Online Injury Lawyers - Product Liability

U.S. PRODUCT LIABILITY LAW & DEFECT CLAIMS

Product liability law holds manufacturers, distributors, wholesalers, and retailers strictly accountable when consumers are injured by defective products.

Three Core Categories of Product Defects:

1. Design Defects: Inherent flaws in the product's design that make it unreasonably dangerous, even before manufacturing.

2. Manufacturing Defects: Flaws or errors occurring during assembly or production, making the product deviate from its intended safe design.

3. Failure-to-Warn (Marketing Defects): Inadequate safety warnings, instructions, or failure to alert users of non-obvious risks associated with foreseeable use.

Key Product Liability Claim Categories:

- Consumer Products: Defective household appliances, electronics, toys, and nursery equipment.

- Auto Parts: Defective airbags, tire blowouts, brake failures, and seatbelt latches.

- Pharmaceuticals & Medical Devices: Dangerous prescription drugs, defective hip replacements, surgical mesh, and contaminated medical products.

Seek medical attention: If you are experiencing any symptoms or side effects, it's important to seek medical attention immediately. Your doctor can help determine if your symptoms are related to the product and can provide proper treatment.
Keep the product: Do not dispose of the product or its packaging. This will be important evidence in your claim.
Document the incident: Make note of the date and time of the incident, the name and dosage of the product, and any symptoms you experienced. Keep any receipts or packaging for the product and take photographs of any injuries or damages.
Contact the manufacturer: Report the incident to the manufacturer and ask for their incident report form. They may ask you for more information or to return the product.
Consult with a lawyer: Contact a product liability lawyer to discuss your case. They can advise you on your legal rights, and will be able to help you with the process of filing a claim and gather evidence.
File a report with the FDA: Report the incident to the FDA's MedWatch Adverse Event Reporting program.

It's important to keep in mind that the process of making a product liability claim can be complex, and the statute of limitation can vary depending on the state. That's why it's important to contact an attorney as soon as possible after the incident occurs.

PRODUCT LIABILITY History

At the heart of it, product liability law is all about holding manufacturers and sellers responsible for any harm caused by their products. It's all about protecting consumers from dangerous or defective products.

It all started way back in the 19th century, when industrialization was on the rise and more and more products were being mass produced. At first, there wasn't really any laws in place to hold manufacturers accountable for their products, so if someone got hurt by a product, they pretty much had no legal recourse. But as more and more people were gettin' hurt by products, people started to realize that something needed to be done.

So in the early 20th century, courts started to develop the idea of "strict liability" for manufacturers. This basically means that a manufacturer can be held liable for harm caused by their product, even if they didn't do anything wrong or negligent. It was a big shift in the way things were done, and it helped to make sure that manufacturers were more careful about the products they were making.

Over time, product liability laws have evolved and become more specific. Now, there are laws in place that hold manufacturers liable for designing and manufacturing defective products, as well as for failure to warn consumers about potential hazards associated with their products. And these laws apply not only to physical products, but also to products like drugs and medical devices.

Overall, product liability law is an important part of keeping consumers safe and holding manufacturers accountable for the products they make. It's an ever-evolving field, but it's an important one, and it's helped to make sure that the products we use every day are safer and more reliable.

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