What types of defective products are involved in product liability lawsuits?
Product liability suits involve automobile defects, tire defects, unsafe toys, infant products and furniture, defective refinery equipment, unsafe manufacturing equipment, defective drugs, defective aviation or train parts and defective safety equipment among others.
What determines whether or not a product is defective?
An attorney representing an injured client in a product liability claim must show that the product in question has a significant manufacturing or design defect and that the defect directly led to the client’s injury. An attorney may also show that the manufacturer knew of the defect and ignored his or her duty to warn consumers of the product’s dangers.
Does the presence of a warning allow the manufacturer to escape liability for an injury caused by a defect?
If there is a warning intended to deter the user from using the product in an unintended manner, and the injury occurred due to the user’s failure to follow this warning, the manufacturer will probably not be liable for the resulting injuries. If, however, the user was injured while using the product as intended, the warning does not protect the manufacturer from liability. A warning also does not protect manufacturers from liability if the defect should have been foreseeable.
Who may become a defendant in a California product liability case?
Depending on the nature of the defect, you may target the manufacturer, distributor, retailer, or any other party involved in getting the defective product to the public.
Is my claim still valid if the injury occurred from misuse?
Even if the injury was caused while using the product in a manner inconsistent with its purpose, you may have a valid product liability claim. If it is determined by the court that this misuse was foreseeable, and the manufacturer failed to address it in a warning or through redesign, they may be held liable for your injuries.
What should I do if I am currently taking a medication receiving negative press?
First talk to you doctor. He will let you know if you are at risk for any serious side effects. If your doctor tells you to keep taking the medication, and you are still concerned about your health, you can see a second doctor or ask if there is another medication that can help your condition.
When should I contact a defective drug attorney?
You should contact an experienced defective drug attorney if you or a loved one has a serious injury that you suspect was caused by a defective drug. You may only be entitled to compensation from the drug manufacturer if there is a severe injury that can be traced directly to use of the medication.
What is “pharmaceutical liability”?
The term “pharmaceutical liability” refers to the responsibility a drug maker must acknowledge when a drug is proven to have caused severe injuries. Strict liability occurs when a manufacturer is found liable of creating, selling and marketing a drug known to have dangerous side effects. Negligence occurs when a manufacturer fails to take steps necessary to ensure the safety of their drugs, or to uncover dangerous defects.
Are my current medications safe?
Check with your doctor to see if there are any new developments regarding the medications you are currently taking. You may also check the FDA Website for recent recalls and drug safety information.