When Defective Products Threaten Lives, Our Defective Product Lawyers Stand Ready to Protect Your Rights
In a world filled with modern conveniences, it’s easy to overlook the dangers the products we trust can pose to our everyday lives. We trust that their products are safe, thoroughly tested, and free from hidden risks. From the medicines we take on a regular basis, to the vehicles we rely on for safe transportation and the playground equipment our children play on, we put our faith in the hands of manufacturers and distributors. But what happens when that trust is betrayed?
All too frequently, profit-driven manufacturers hide poor design and ugly truths behind sleek packaging and reassuring ad campaigns. This corporate negligence has serious consequences on individuals and families. When you pick up your prescription from the pharmacy, you expect the medication to make you better, not leave you hospitalized with organ failure. You expect that when your child goes out to play on the trampoline, you won’t find them paralyzed a few hours later due to a missing spring.
Most of us have heard horror stories of past defective products – from the Dalkon Shield IUDs that caused sterility and death in the 1970s and ’80s to the Firestone tires that led to rollover accidents in the ’90s to the dangerous arthritis medication, Vioxx, that rocked the pharmaceutical industry in the mid-2000s by causing heart attacks and strokes in tens of thousands of patients. Recent cases, like exploding Takata airbags spewing shrapnel at drivers (and causing the largest vehicle recall in history), defective Exactech knee, hip and ankle implants breaking down inside patients, and Johnson & Johnson baby powder causing ovarian cancer show that despite advancements in technology, regulation, and consumer awareness, companies have not always learned from past mistakes. Defective products are still being manufactured, distributed, and sold – leading to devastating consequences for unsuspecting consumers.
If you’ve been harmed by a defective product, our lawyers are ready to defend your rights. Our lawyers have uncovered coverups, forced accountability, and delivered justice on the behalf of hundreds of clients. We understand the turmoil that defective products leave in their wake, and wish to assure you that your rights, well-being, and future are worth protecting – and our defective product lawyers are here to ensure that your voice is heard. Don’t wait – contact our attorneys today at (877) 798-0232 or through our website for a free consultation.
Types of Product Defects
Defective products span countless industries and product categories. Products can be flawed in a variety of different ways, and each type of defect can lead to distinct legal challenges. Understanding the types of defects and claims can be key to obtaining compensation if you are harmed.
There are three primary ways in which a product may be defective:
1. Manufacturing Defects
A manufacturing defect arises when an error during production or assembly causes the final product to differ from the intended design. If even one item departs from specifications due to a manufacturing mistake and leaves the factory in a flawed state, it can be deemed defective. Examples of this might include:
- A bicycle wheel that wasn’t properly attached and falls off, causing injury
- A pacemaker with an internal short circuit that delivers random electrical jolts
- A baby formula is made with toxic materials that are unsafe for infants to consume
2. Design Defects
If the product’s design is inherently defective or unreasonably hazardous in its very nature, this constitutes a design defect. Even when manufactured to specifications, the flawed design can still render the product unsafe for normal use. Some examples include:
- A lawn mower fuel tank cap that easily detaches, allowing flammable fuel to spill out
- Hip implant components that grind together, shedding toxic metallic debris into the body
- An SUV prone to deadly rollovers due to a high center of gravity
3. Inadequate Warnings/Instructions
If the manufacturer is aware of dangers in the product’s intended use but does not caution users through proper warnings, the failure to alert consumers to these hazards can make the product defective. For example:
- Prescription drugs lacking warnings about severe side effects
- Power tools without instructions about proper protective gear
- Children’s toys with small parts that pose a choking hazard but lack safety labels
Types of Defective Product Claims
Based on the three types of product defects, there are three main legal theories under which defective product claims arise:
1. Manufacturing Defect
With a manufacturing defect, the focus is on whether that particular product was flawed in its construction compared to others of the same design. If the product deviates from the manufacturer’s own specifications during production, it is defective. The plaintiff must show that a specific error in manufacturing made that product unsafe and caused their injuries.
2. Design Defect
A design defect claim asserts that the product is inherently defective and unreasonably dangerous because of its design. The standard is whether an ordinary consumer would consider the product design unreasonably dangerous for normal usage. The entire product line must be defective, not just one item.
3. Failure to Warn
If the manufacturer fails to provide adequate warning about potential risks or dangers in the product’s foreseeable use, the lack of warning can render the product defective. The plaintiff must show the manufacturer knew or reasonably should have known about the danger requiring a warning.
Mass Torts, Class Actions, and Defective Products
When a defective product affects numerous people across the country, it may lead to mass tort litigation or class action lawsuits. In mass tort, many plaintiffs harmed by the same product come together in consolidated litigation against the manufacturer, streamlining cases that would otherwise be litigated separately. On the other hand, class actions involve injured consumers with similar claims seeking class action status, allowing them to sue as a group represented by class counsel. This approach can combine hundreds or even thousands of injury claims against the defendant.
In both scenarios, group litigation can apply more pressure and gain leverage against large corporate defendants. It also helps share litigation costs and resources. An experienced defective products lawyer can advise whether joining multi-plaintiff litigation makes sense in your specific case.
