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       For informational purposes only. Always consult an attorney to obtain competent legal advice.

Products Liability & Defective Products
Products Liability &
Defective Products
  • Defective products, such as an airbag in a vehicle, any consumer product that causes injury in an unanticipated fashion, or a prescription drug that has unintended side effects, can injure consumers and give rise to a claim for product liability against the manufacturer, the distributor and also the retail seller of the defective product.

  • Many product liability claims end up as "class action" lawsuits because hundreds or thousands of people were similarily harmed by the same defect. In such a case, the injured person may or may not have the option to "opt out" of the class action. An example of a class action lawsuit is the tobacco litigation.

  • When a person is injured at work by a defective product, the injured person will typically have a Workers' Compensation claim based upon being injured at work, but may also have a "third-party" claim against the maker and seller of the defective product. In such a case, the third-party claim may be much more valuable to the injured worker than the limited amount typically paid from a Workers' Compensation claim.

  • Something as simple as defective wiring in an automatic coffee maker purchased for under $20 could be the cause of a fire that can have fatal consequences. If so, a defective product lawsuit would also include a Wrongful Death claim.

  • Often, an injured person doesn't realize that his or her injury could have resulted from a defective product. An experienced attorney will try to uncover all potential claims and sources of insurance coverage to compensate an injured person for his or her damages.


Examples of Defective Products

  • Substances such as asbestos, lead paint, pesticides, and other chemicals have been found to cause disease, birth defects, disabilities and death.

  • Prescription Drugs & Medications that cause unintended side effects can cause great harm to the persons. For example, prescription sleep medications have been found to cause people to unknowingly wake in the night and engage in driving or other activity that can cause great harm to themselves and others.

  • Defective Implants of artificial joints, stents, or other surgically inserted devices can result in serious harm to patients and require the patient to undergo the risks of a repeat major surgery. The manufacturer of the implant is ordinarily liable for any defect in the product.

  • Childrens' toys and other products can pose an unreasonable risk of harm to children. For example, poorly designed cribs have been linked to strangulation deaths of infants. Some toys were found to have small parts that can beome detached from the toy and cause asphixation when swallowed.

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