Defective Products

If you have been injured or lost someone because of a dangerous product, you have the right to file a claim against the supplier or manufacturer of the product. Ziff, Weiermiller, Hayden & Mustico, LLP has a successful record of litigating product liability claims, and we can help you take action to receive monetary aid in your recovery.

In the course of our daily lives, we use a number of products. When used as directed, we rightly assume that the products we use are safe and reliable. Unfortunately, thousands of people are injured or die each year because of dangerous products - from automobiles to insulation, to medical devices, to pharmaceutical drugs and supplements. The Consumer Product Safety Commission reports over 22,000 deaths and 29 million injuries related to consumer products each year. Annually, consumer products cause over 500 billion dollars in deaths, injuries and property. We frequently hear of product recalls because of safety and design issues in motorcycles, ATVs, snowmobiles, children’s toys and pajamas, and even the food we eat.

You may feel helpless or hopeless if you are one of the innocent people who has been injured, suffered property damage or tragically lost someone because of a hazardous product. However, you do have some control. Victims injured by faulty products have the right to seek compensation including economic damages (lost wages or medical expenses), non-economic damages (pain and suffering) and punitive damages (to punish reckless behavior). In addition to the monetary considerations of a favorable verdict, if you win your case you may find solace in the fact that those responsible for your situation will be brought to justice. Moreover, you will contribute to the public safety by making manufacturers accountable for safer and more dependable products.

The Path to Justice

When you file a product liability claim, you are suing the makers or sellers of injurious products. Anyone in the supply chain can be held responsible for damages including the manufacturer, wholesaler and retailer. When their product was brought to market, the manufacturers and distributors became legally obligated to provide a well-designed product that is reasonably safe when used as intended. “Strict liability” claims are the most common types of product liability suits and are designed to enable a person injured by a defective or unpredictably dangerous product to recover compensation without proving that the manufacturer or seller was actually negligent. To win a strict liability case, your attorney must demonstrate that:

• The product had an “unreasonably dangerous” defect that caused your injury, and that the defect occurred in the product’s design, during its manufacture, or during shipping or handling.
• The defect caused your injury even though you were using the product in the way the manufacturer said that it was intended to be used.
• The product that caused damage had not changed “substantially” from its original sales condition.

Other forms of product liability claims are negligence (carelessness, recklessness or malice) or breach of warranty of fitness (damage directly resulting from inadequate product warning). Each of these types of suits has its advantages and disadvantages, and your attorney will recognize and recommend the avenue that offers the greatest chance of recompense. In some cases, your lawyer may opt to use a combination of the three.

While product liability provisions vary greatly from state to state, every jurisdiction requires proof that the product was defective. Your attorney will present one or more of the three types of defects that demonstrate liability:

• Design defects - inbuilt defects that make the product flawed prior to its manufacture.
• Manufacturing defects -problems that happen as the product is being built or produced.
• Defect in warning - the manufacturer has failed to adequately instruct or warn consumers of the potential dangers in the product.

Timing is Everything

If you believe that you may have a product liability claim, it is important to seek the counsel of an attorney experienced in recovering damages. Time is of the essence because product liability suits are subject to a Statute of Limitations which specifies that a claim must be filed within a restricted timeframe. A successful verdict will help improve your quality of life as well as compel suppliers and manufacturers to improve the quality of their materials, increase product safety features, and provide thorough cautions regarding a product's potential dangers.

If you need the advice or the assistance of a legal professional in your personal injury suit, please call Ziff, Weiermiller, Hayden & Mustico, LLP. We recognize the deep trust placed in us by our clients, and we strive to uphold that trust by working hard and fighting hard for our clients. We do the best we possibly can for every client on every case.

Our skilled team of lawyers knows the law, the legal process and victim’s rights. We can help you make informed decisions, so please call Ziff, Weiermiller, Hayden & Mustico, LLP at 1-800-806-2852, or save time with our online Contact Form.

Please see our Defective Products Frequently Asked Questions for more information on Defective Products.