Product Liability – A Primer

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Product Liability – A Primer

The legal term ‘product liability’ doesn’t mean much to most people, but those same people have likely heard advertisements seeking victims of it.  Have you or a loved one been diagnosed with mesothelioma?  Developed ovarian cancer after using talcum powder?  Lithium-ion battery catch fire, resulting in injury?  You may be entitled to compensation!  When any dangerous, poorly-designed, defective, or misleadingly-advertised product causes injury to consumers, the responsible party can be targeted with a product liability lawsuit.

Product defects resulting in a possible liability claim can occur at any time over a product’s lifespan.  Design flaws occur before a product is made, manufacturing flaws occur when a product is being made, and marketing flaws (aka misleading advertising) occur after the product is made.  The type of product flaw can greatly affect the number of potentially dangerous products in the market, the potential number of victims, and how litigation could be pursued.  Recent examples of product defects and when they occur during the lifespan:

  • The 737 MAX Boeing passenger plane experienced two crashes tracked to a design flaw in its MCAS flight control system.
  • Risperdal, an anti-psychotic medication often prescribed off-label, failed to warn of the risk of gynecomastia, a marketing flaw.
  • An outbreak of E. coli was linked to romaine lettuce grown in Salinas, CA.  The limited nature of the outbreak is an example of a manufacturing flaw.

Numerous product liability lawsuits were filed by victims in each of these examples.  Some 737 MAX lawsuits against Boeing began settling late last year.  Risperdal manufacturer Johnson & Johnson lost a jury verdict and was ordered to pay $8 billion in damages to one victim, though that award was recently reduced by a judge to $6.8 million.  Victims of the Salinas-linked E. coli outbreak began filing lawsuits last month.

It must be noted that product liability litigation is extremely complicated, difficult to prove, and time-consuming.  These types of lawsuits are nearly impossible to pursue without the help of a dedicated and skilled law firm on your side.  The vast majority of product liability case representation is provided on a contingency fee basis, meaning you won’t pay your attorneys unless they win your case.  If you have been injured by any defective product, it’s important to quickly consult with an attorney.  The Law Offices of Scott Warmuth provides 100% free consultations with no obligations.  Call us today at 888-517-9888.

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