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If you have been the victim of an injury as a result of a Defective Consumer Product, Defective Drugs, Defective Medical Devices or Motor Vehicle Defects caused by someone else’s negligence, you may be entitled to compensation for your damages. This may include compensation for physical or emotional pain and suffering, inconvenience, the loss of capacity to enjoy life, scarring or deformity, or other related damages.
As with any type of claim, it is best to know your rights before you make any statements or speak with an insurance adjuster for the other party. The adjuster will try to protect the insurance company by looking for information that will reduce the value of your claim. We have a full-time investigative staff and paralegal assistants to help investigate and prepare your case.
Product liability law, also called “products liability”, governs the liability of manufacturers, wholesalers, distributors, and vendors for damages caused by dangerous or defective products. The goal of product liability laws is to help protect consumers from dangerous products, while holding manufacturers, distributors, and retailers responsible for putting into the marketplace products that they knew or should have known were dangerous or defective. Dangerous and defective product usually cause terrible injuries and death. These claims can arise from accidents in the home, workplace, construction sites, and in your own automobile.
Remember, there are NO FEES or costs for Personal Injury Claims if we don’t make a recovery for you.
First, and foremost, if you have or can obtain possession of the product, do so and call us IMMEDIATELY. Many products cases are won or lost on the ability of the injured party’s attorney to get possession of the product and have it examined by an engineer or other expert. We can make arrangements to store the product and maintain the chain of custody.
Defective Product Design: A defective design claim alleges a mistake or oversight in the design of a product, which makes that product dangerous when used as intended, or when used for another reasonably foreseeable purpose. (This may include situations of misuse of the product by an end user, where the misuse was foreseeable to the manufacturer.)
Defective Manufacturing: A claim of defective manufacturing alleges that a defect resulted from the manufacturing process which created the product.
Marketing/Warning Defects: A claim of a marketing defect involves such issues as insufficient instructional material or warning labels or instructions. A plaintiff might allege that such inadequacies foreseeable prevented a user from recognizing a defect in the product, or from being sufficiently aware of how to use or apply the product in a safe manner.
Negligence: Where negligence is alleged, the plaintiff must demonstrate that:
Strict Liability: Where strict liability applies, the plaintiff need only establish that a product is defective. Once the defect has been established, liability results from that fact alone no matter how much care the defendant applied during design, manufacture, marketing, distribution and sale of the product.
Breach of Warranty: A warranty claim is more correctly a contract claim, and not a product liability claim. Warranty claims allege contract between a manufacturer or vendor and its customer that the product will be fit for its intended purpose. For an express warranty claim, the plaintiff alleges the violation of an actual written warranty associated with a product. For an implied warranty claim, the plaintiff alleges that although there is no express warranty, or even though the defect alleged is not covered by the express warranty, the defect in the product renders it unfit for its intended purpose.
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