Product Liability Attorneys

Product liability lawsuits fall under the broad definition of personal injury. Although products are traditionally thought of as tangible personal items, product liability may encompass intangibles, pets, houses, and writings such as maps. Many types of products subject of product liability litigation, including prescription drugs, appliances, medical devices, medical implants, toys, tobacco and food.

Anyone who is in the distribution chain may be held responsible for damage caused by a defective product. This includes the manufacturer of the product or its component parts, the company that assembled the product, the wholesaler that sold the product to a retailer, and the retailer that sold the product to the buyer. Recovery can be based on theories of negligence, strict liability, or breach of warranty. Liability can occur where the product was poorly made, sold with flaws, misused in a foreseeable way, or put into the marketplace with unclear, incomplete, or incorrect information on its use.

Defects are classified according to when they occur:

• Defects that happen before the manufacturing process are known as design defects. These are flaws in the product’s design such that the product is unreasonably dangerous for its intended use.
• Defects that happen during the manufacturing process are known as manufacturing defects. These are flaws in the finished product such that the product does not conform to the manufacturer’s specifications.
• Defects that happen after the manufacturing process are known as marketing defects. These are flaws in the product’s instructions or warnings.

If you find yourself dealing with a defective product, contact a knowledgeable product liability attorney who can help you understand your options, including any class action lawsuits that may be pending against the manufacturer. You may be entitled to monetary compensation for medical expenses, lost wages, and pain and suffering.

In recent years, there have been several high profile lawsuits involving product liability:

• Car Seats: Although car seats are designed to shield children from injuries in a car accident, many have been recalled by their manufacturers because of design flaws, including weak shells, flammable materials, base/shell separation, and defective harness systems. Injuries to children due to defective car seats may include bruises, concussions, skull fractures, and broken bones. In 2007, Evenflo Company Incorporated recalled its Embrace Infant car seat / carriers because of a malfunctioning handle. The recall involved approximately 450,000 car seat / carriers and was announced after the company received 679 reports of handles unpredictably releasing.



• Contact Lens Solutions: In 2006, the contact lens solution ReNu with MoistureLoc was voluntarily withdrawn from the market. The manufacturer, Bausch & Lomb, found evidence that the product increased susceptibility to a fungus called Fusarium. This fungus can cause a serious infection known as fusarium keratitis, which can result in blindness or corneal ulcers. Similarly, in 2007, AMO Complete MoisturePlus Multi-Purpose Contact Lens Solution was voluntarily recalled by its manufacturer after the Centers for Disease Control and Prevention linked the product to the eye infection Acanthamoeba keratitis. Among the harmful side effects associated with the solution was corneal damage and blindness.



• Cruise Control Switches: In August 2007, the Ford Motor Company recalled 3.6 million vehicles due to defective cruise control switches. The recall was in addition to 6.4 million vehicles already recalled due to the same defect and covered every single car and truck built with this type of cruise control switch. The defective switch was linked to more than 550 spontaneous fires that often occurred when the ignition switch was off and the key was removed.



• Stoves: A class action lawsuit filed against Sears, Roebuck and Company, regarding unsecured stoves resulted in a settlement covering 3.9 million households. The lawsuit stemmed from a long string of tragedies involving kitchen stoves tipping onto children. Sears agreed to notify all customers who bought a stove and had the company install it between July 2, 2000, and Sept. 18, 2007, that they were entitled to have a Sears technician install a range stability device or receive a $50 gift card toward the purchase of a new Sears range. Furthermore, people who installed their own brackets were entitled to $100 of reimbursement. Sears also agreed to install anti-tip brackets on all ranges it delivered for the next three years.



• Tires: The Firestone tire recall is perhaps the most deadly vehicle safety crisis in the history of the American automobile. It has been estimated that as many as 250 deaths and more than 3000 catastrophic injuries can be linked to the defective tires. Most of the fatalities occurred in accidents involving the Ford Explorer, which had a tendency to roll over when one of the tires blew out at highway speed. Ford Motor Company stated that the problem was not with its vehicle, but with the design and manufacture of certain Firestone tires. The data revealed that 15" ATX and ATX II models and Wilderness AT tires had very high failure rates due to tread peeling off.

If you or someone you care about has been injured by use of a defective or ill-conceived consumer product, please do not hesitate to contact a qualified product liability attorney. A knowledge product liability lawyer can help to determine who is at fault and determine the best course of action. Manufacturers are legally responsible for the products they sell. Do not hesitate to take the necessary action to ensure that you will receive the compensation that you deserve.