Hardly a day seems to pass without the introduction of some new product designed to make life “easier” or “more convenient.” However, as we well know, products do not always live up to such promises. In addition to ease and convenience, some products endanger the people who use them. A lawsuit based on the claim that a product is dangerous or defective is known as a “products liability” case.
Companies that manufacture or sell products generally have a legal duty to make sure that the products they make or sell are free from defects that present an unreasonable risk of harm to consumers. If a certain product turns out to be dangerous or defective, an injured consumer may have a products liability claim. There are as many different kinds of products liability claims as there are different kinds of products: The sale of contaminated food, the manufacture of improperly wired electronics, and the marketing of disintegrating tires can all support a products liability claim.
In order to win a products liability lawsuit, an injured consumer must prove that the product was defective. In general, there are three types of product defects:
1. A manufacturing defect occurs when a product is well designed but poorly made, such as the new TV that catches fire when plugged in because the wires were installed improperly;
2. A design defect occurs when a product is well made but poorly designed, such as metal on metal knee replacements or hip replacements that end up coming apart and causing damage to the recipient in a short period of time;
3. A marketing defect can include such things as improper instructions or the lack of a warning label telling the consumer how to use the product safely.
Just because a product is involved with an injury does not mean that the product is unsafe. For example, auto accidents often result in injuries or death, but not every injury suffered in a car accident is due to a defective product. A products liability claim would arise only if the car was dangerous, such as a car whose gas tank explodes when it is rear-ended.
Products liability is a complex area of law. In addition to these general rules, a number of specific laws affect who is liable to consumers and what kinds of products are covered. Your case may also be affected by State Laws or by various Federal Laws. Contact us to help you negotiate this legal maze and get you the recovery you deserve.
IF YOU ARE INJURED BY A DEFECTIVE PRODUCT…
Contact our firm immediately. SAVE THE DEFECTIVE PRODUCT! Or if it is a product of surgery, find out the brand of the product if possible. Also, do not alter or tamper with the product because this could make it difficult to prove your case. Save everything related to the defective product, including the medical records, sales receipt, instructions, warnings, and accessories (if applicable).
Products liability cases are complex. In some cases, the dispute involves more than one victim bringing a claim against a manufacturer. Manufacturers often try to blame you or some other party to avoid liability. Our firm will help you negotiate the legal pitfalls.
STATUTES OF LIMITATIONS
We have all heard that “haste makes waste,” but this may not be true when you have been injured. Whether your injury was caused by a car accident, a slip and fall, or a defective product, you should contact our firm as soon as possible. One reason for this is that your injury starts the ticking of a legal clock, known as the “statute of limitations.”
A statute of limitations is nothing more than a legal rule that limits how long you may wait before bringing a claim against another person. If you do not make your claim before the statute of limitations passes, the law may prevent you from ever doing so.
Statutes of limitations are followed strictly by our courts. If you are even a single day late, your claim may be dismissed-”close enough” does not help with the statute of limitations.
So how long is the statute of limitations for an injury claim? The general answer is that it depends on the facts of the case and the way in which you were injured. CALL US AS SOON AS POSSIBLE AFTER AN ACCIDENT OR INJURY so that we can evaluate your case. We’ll make sure that the statute of limitations’ clock doesn’t run out on you.
If you are interested in receiving help on your potential case, please contact us for Free Case Evaluation (Secure Online) or call at 1-888-WE-MEAN-IT (888-936-3264).
Please be sure to provide us with as much information as is reasonably available. The quality of our evaluation is dependent upon the accuracy of the information you provide to us.
Any initial consultation with our firm is free. For more information, call us at 1-888-WE-MEAN-IT (888-936-3264), or contact us by email @ info@brookslawgroup.com.
