When we think of personal injury law, most of us might think of car accidents or slip and fall accidents. But defective products lawsuits are becoming more common. We have recovered millions of dollars over the last 5 years in defective product lawsuits for our clients who have been injured.
We know you might have a lot of questions, especially if you think you have a defective product lawsuit on your hands. Let’s dive a little deeper.
Product Liability is generally considered a strict liability offense. According to Cornell Law, “with regard to product liability, a defendant is liable when the plaintiff proves that the product is defective, regardless of the defendant’s intent. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.”
A manufacturing defect is one that, during the manufacturing process, unintentionally departs from the intended design. So in this case, the design of the product is acceptable, but in the making of the product, something went awry and can now cause harm to the user.
A design defect occurs when the design of a product is inadequate and poses an unnecessary hazard to users. The difference here between a manufacturing defect is that the design of the product itself is careless and should have been more carefully thought out.
In the case of a labeling defect, the design and manufacturing are not at fault, but rather, the manufacturer did not give adequate instructions, directions, and/or warnings regarding the use of the product. If someone is injured because a warning label is missing or the directions aren’t clear, it definitely qualifies for a defective product lawsuit.
When it comes to WHO is liable for your injuries, there are multiple parties in the product distribution chain. At the top is the manufacturer, then the wholesaler, then the retail store. It doesn’t matter how the injury was caused, a product liability lawsuit should name every part of the distribution chain as the defendant.
To give an example, a client of ours was injured due to a defective product. Only one party in the chain of distribution offered a settlement of $100,000. Our lawsuit ended up naming 4 defendants and the end result was settling for over $1.5 million for our client.