On any given day, we use a wide variety of products. Whether it’s medication, food or a vehicle, we expect that once we use it in the way it’s intended, we’ll be safe. This is a natural expectation since manufacturers are supposed to ensure their products are properly designed and manufactured before they put them on the market. Unfortunately, this doesn’t always happen. A perhaps surprising number of products are defective in some way. When these defects lead to injury or death, the manufacturer, and sometimes the retailer, can be held responsible. Consumers have to turn to Sacramento product liability lawyers for advice and representation.
Classifications of Defective Products
There are three commonly accepted types of product defects.
This is when a product is defective even before it is built because there were problems with its design. Such a product would be inherently dangerous no matter how well it was manufactured or labeled. Even if the item was used in the way in which it was intended and it works, it can still be dangerous. Design flaws will affect every product based on that design so these defects are often widespread.
This is when the defect occurs while the product is being made. The materials may be substandard, or the manufacturing process may have been flawed because of faulty equipment or human error. Manufacturing defects can affect products that were properly designed. Sometimes, only a few products are defective while others may be built correctly.
Failure to Warn Defects
Also known as marketing defects, these occur when a product isn’t properly labeled. A failure to warn defect prevents users from having adequate information about the possible hazards associated with a product. No matter how well the product was designed or manufactured, if it isn’t labeled correctly, the user could be at risk. Consumers need to be aware of how a product should be assembled, used, and maintained. If a manufacturer fails to provide this information and someone gets injured, Sacramento product liability lawyers may advise the victim to file a lawsuit.
Injuries Commonly Suffered in Product Liability Cases
Consumers suffer a wide range of injuries when they use defective products. These include:
- Concussions as a result of falls
- Broken bones
Depending on the nature of the injury, victims can take months or years to recover. Some are never the same again and they need long-term care. In the most serious cases, the injured person dies, leaving a massive void in the lives of their loved ones. Both recovering victims and the families of those who die can reach out to Sacramento product liability lawyers for help.
No one should have to suffer physically, emotionally, and financially because a company made an error with one of its products. Product liability lawsuits can be challenging and not every victim is certain that they want to take legal action. However, you should at least seek a legal opinion so you’re aware of your rights and your options under the law. At TorkLaw, we offer one free case review so you have no reason to put off setting up a consultation.
Who Can Be Held Responsible in Product Liability Cases
Product manufacturers aren’t the only entities that can be held responsible if a product is defective. Several businesses in the supply chain can be held responsible including manufacturers of components, assemblers, and retail stores. If you contact an attorney concerning your injuries, they will ensure you pursue the correct party.
Virtually any type of product can be dangerously flawed. However, problems often arise with respect to:
- Contaminated food can lead to food-borne illnesses or food poisoning.
- They may have defective airbags, tires or seat belts.
- Drugs can be manufactured with flaws, have undisclosed side effects or come with inadequate labeling.
- Industrial machinery. Equipment may lack warning signs or have faulty power switches.
- Medical devices. Implants, stents, defibrillators, and other devices may have manufacturing or failure to warn defects.
Getting Compensation in a Product Liability Case
If you want to file a product liability claim, there are two things your attorney will want to be sure of. These are:
- That you didn’t alter or modify the product in any way before you used it
- That the product actually caused your injury
If a product injures you and you believe it was defective, you may be tempted to throw it away. However, you need to keep in a safe place so it can be examined in support of your claim. If there were witnesses to the incident, you should get their contact information. Their testimony may play a major role in your ability to get compensation. It is also essential that you seek medical attention. The only way you will able to prove that you suffered injuries is by presenting a doctor’s report.
Product liability claims can be easier to win if the manufacturer recalls the products. This means that they have accepted that there’s a flaw. You often hear about recalls of contaminated foods, dangerous drugs, defective vehicles, and faulty children’s toys. In May and June 2020 alone, there were recalls of Metformin Hydrochloride Extended-Release Tablets), BIOCELL breast implants, Johnson Sea Products Crab Cakes, and Becca Cosmetics Light Shifter Brightening Concealer. These are just a few of the products on a list compiled by the U.S. Food & Drug Administration. In many cases, product recalls result in lawsuits.
However, there are many occasions when consumers say a product is dangerous, but the manufacturers argue otherwise. One of the most well-known cases of this involves Roundup weed killer which is manufactured by the Bayer Corporation-owned Monsanto. Tens of thousands of lawsuits have been filed alleging that prolonged Roundup use led to the development of non-Hodgkins lymphoma. The law courts ruled in favor of the plaintiffs in three cases as of June 10, 2020. However, Monsanto has never recalled the product and it has continually denied that the product is dangerous to users.
Regardless of whether the product that injured you was recalled or not, you’ll need an attorney. At the earliest possible opportunity, you should contact the Sacramento product liability lawyers at TorkLaw so we can advise you on how you should proceed. We’ll inform you about how you can protect your right to claim compensation from the at-fault party.
Call Our Sacramento Product Liability Lawyers Today
We have several years of experience in handling product liability cases. We have the skills to get you the compensation you deserve whether it’s through negotiations or a trial. Whether you suffered injuries because of a vehicle, a drug, food or another dangerous product, we can help. Schedule your consultation today.