What is product liability?
Product liability is the body of law that provides for compensation for physical injuries and property damage resulting from defective and unreasonably dangerous products and from the failure of a manufacturer or seller to warn the consumer of product dangers.
What is "failure to warn" or "defective design" claim?
Failure to warn is the claim that a manufacturer failed to provide directions for the safe use of a product or failed to warn the consumer against dangers inherent in product misuse. For example, a manufacturer who sells a pain killer without warning that use of the drug could impair the user's ability to drive a car or operate machinery may be liable if the consumer is injured. Defective design is the claim that a product is, at the time it is sold, in a defective condition, unreasonable dangerous to the ordinary consumer. For example, a seller who designs a circular power saw which does not include a blade guard may be liable if the user suffers an injury from the unguarded blade.
What if the consumer uses the product in a way which is not intended by the manufacturer and the consumer is injured?
This is a concept known as "foreseeable misuse." Manufacturers are required to anticipate the real world uses of their products and are responsible for "foreseeable misuse" by the consumer. Foreseeable misuse includes foreseeable product alterations by the consumer. A manufacturer must also warn a consumer of dangers associated with product misuse.
What kind of claims can be brought for product liability?
The alternative theories of liability in a product liability case are (1) strict liability; (2) negligence and (3) breach of warranty. Sometimes all three theories are pursued in one case.
What damages does the law allow in product liability cases?
Generally, the plaintiff is to be reasonably compensated for all injuries and losses resulting from the occurrence in question. Damages are split into two general categories: economic (past and future), and noneconomic (past and future).
If I bring my case to you, what will you do?
We start with an interview to determine the facts as you know them, and make a judgment about whether the case is one which falls within our expertise and interests. The ensuing investigation begins with the collection of all pertinent records, including accident reports, product literature, company brochures, and medical records. We ask you to sign releases authorizing us to obtain these records. We then review and analyze the records. If we believe there is a strong possibility that a product was defective, we will submit it to the appropriate experts for review, asking them for their opinions on the issues of the defective nature of the product, damages and causation. This review can be quite expensive and time consuming (anywhere from $5,000 to $10,000 per expert and up, and often taking several months). The financial arrangements for investigations are determined on a case-by-case basis. If, after consultation with experts, we believe that we can satisfy our burden of proof, we recommend that the case be filed. We handle these cases on a contingent fee basis.
