$
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Recovered in Verdicts and Settlements
We expect the products that we use every day to work as intended. However, that’s not always the case.
Whether it’s a malfunctioning appliance, a defective drug, or a hazardous toy, product liability cases arise when consumers suffer harm due to unsafe products. These incidents can be difficult to parse out from a legal perspective, particularly in terms of understanding responsibility.
If you’ve been injured because of an unsafe product, Nix Patterson can help. Before we discuss what that looks like, though, let’s take some time to better understand the legality of product liability.
At its core, product liability law holds manufacturers, distributors, and retailers accountable for harm caused by defective or unsafe products. This area of law is grounded in the principle that products should meet reasonable safety standards and that consumers should be protected from harm due to design flaws, manufacturing defects, or inadequate warnings.
Product liability cases often hinge on proving that a product was unreasonably dangerous when it left the manufacturer’s control. This can involve demonstrating that a defect existed in the design of the product, that errors occurred during manufacturing, or that the product lacked proper instructions or warnings that could have prevented injury.
Defective products generally fall into three main categories: design defects, manufacturing defects, and marketing defects.
Design defects occur when a product is inherently dangerous due to flaws in its design, making it unsafe for use even when manufactured correctly. For example, a car with a design flaw that causes it to catch fire during a crash presents a serious risk to consumers, regardless of the manufacturing process.
Manufacturing defects, on the other hand, arise from errors that occur during the production of the product. These defects deviate from the product’s intended design, often due to issues like poor quality control or faulty materials. An example might be a batch of prescription medication that is contaminated during production, leading to unexpected health risks.
Marketing defects, or failure-to-warn defects, involve inadequate instructions or warnings about a product’s risks. For instance, if a household cleaner lacks sufficient safety warnings about its potential hazards, consumers might unknowingly expose themselves to dangerous chemicals.
Now that you have a basic understanding of the concepts that underpin product liability let’s explore some of the most common types of cases we see.
The types of product liability cases are as numerous as the products themselves; however, there are particular classes of products where issues arise more frequently than others. Here’s a list of some of the most common.
These cases involve issues with vehicle components such as airbags, brakes, or tires that fail to function properly, leading to accidents or injuries. Problems may arise from design flaws or manufacturing defects that compromise vehicle safety.
Cases in this category include faulty electronic devices like smartphones, laptops, or batteries that can overheat, catch fire, or malfunction, causing burns, electrical shocks, or property damage.
This type of case deals with medications or medical devices that are tainted or improperly manufactured, resulting in adverse health effects for consumers. Contamination or defects in the production process can lead to severe health complications.
Household items such as kitchen appliances, cleaning products, or power tools that have design or manufacturing defects can pose serious risks. These products might malfunction, leading to injuries or property damage.
Toys that are poorly designed or manufactured can present choking hazards, sharp edges, or toxic materials, posing risks to children. Cases often involve products that fail to meet safety standards.
Safety equipment like helmets, knee pads, or protective clothing that doesn’t meet industry safety standards can lead to injuries in accidents. Cases focus on whether the gear provided adequate protection.
This includes issues with materials used in building or renovation, such as roofing shingles or insulation, that fail prematurely and cause damage or pose risks to occupants.
This category covers devices like pacemakers, defibrillators, or prosthetics that have design or manufacturing flaws leading to severe health complications or malfunctions.
Cases involving food items that are contaminated or improperly labeled, leading to foodborne illnesses or allergic reactions. This can include issues like mislabeling allergens or unsafe production practices.
Products such as cosmetics, lotions, or hair care items that cause adverse reactions due to harmful ingredients or improper formulation fall into this category.
Items like cribs, car seats, or high chairs that are designed or manufactured poorly, leading to injuries or risks to infants and young children.
Sports gear such as bicycles, skis, or gym equipment that fails to perform safely or as advertised, leading to injuries during use.
Major home appliances like refrigerators, washing machines, or stoves that have defects causing malfunctions, fires, or other safety hazards.
Regardless of the cause of your injury, Nix Patterson is here to hold the responsible parties accountable. Let’s take a look at who that might involve.
In a product liability case, determining who can be held liable is crucial for seeking justice and compensation. Liability can extend beyond just the manufacturer of the product, encompassing various parties involved in the product’s lifecycle. Here’s an overview of who might be held accountable:
The primary party often held liable is the manufacturer of the product. This includes the company that designed and produced the product, as they are responsible for ensuring it meets safety standards and is free from defects. If a flaw in the design or manufacturing process causes harm, the manufacturer can be held liable.
Distributors who handle the product between the manufacturer and the retailer can also be held liable. If a distributor is aware of a defect or fails to properly inspect the product, they may share responsibility for any resulting injuries.
Retailers who sell the product to consumers can be held liable, especially if they were aware of the defect or failed to provide necessary warnings or instructions. While retailers are not typically involved in the manufacturing process, they have a duty to ensure the products they sell are safe.
In cases where the defect stems from the product’s design rather than its manufacture, the designers may be held liable. This includes engineers or consultants who developed the product’s design and specifications.
If a product is made up of multiple components from different manufacturers, those who produce individual components can be liable if their part contributed to the defect. For example, a malfunctioning part in a larger product might point to a defect in the component manufacturer’s design or production.
Suppliers who provide raw materials or parts used in the product can also be liable if their materials were defective and contributed to the final product’s flaws.
In some cases, third-party inspectors who are responsible for ensuring the product meets safety standards may be held liable if they failed to identify or report defects that contributed to consumer harm.
Determining liability can be complex, as multiple parties may share responsibility depending on the nature of the defect and the product. At Nix Patterson, we’ll help you navigate these complexities to identify all potentially liable parties and pursue the compensation they deserve for injuries caused by defective products.
In product liability cases, compensation is designed to address the harm and losses experienced by the injured party. The types of compensation available can vary based on the specifics of the case but generally include several key categories:
Compensation for medical expenses covers the cost of treatment related to injuries caused by the defective product. This includes hospital bills, surgical costs, prescription medications, and ongoing therapy or rehabilitation. The goal is to ensure that the injured party does not bear the financial burden of their medical care.
If the injury results in the inability to work, compensation can be sought for lost wages. This covers the income the injured party would have earned during their recovery period or if they are unable to return to work. In some cases, compensation may also include loss of future earning capacity if the injury affects long-term employment prospects.
This type of compensation addresses the physical and emotional distress caused by the injury. Pain and suffering can include chronic pain, emotional trauma, loss of enjoyment of life, and psychological effects such as anxiety or depression resulting from the injury.
In cases where the defendant’s conduct is deemed particularly egregious or reckless, punitive damages may be awarded. These damages are intended to punish the wrongdoer and deter similar behavior in the future. Unlike compensatory damages, punitive damages are not meant to compensate the injured party but to address the severity of the defendant’s actions.
If the defective product caused damage to personal property — such as a fire caused by a malfunctioning appliance — the injured party may seek compensation for repairs or replacement of the damaged property.
This compensation addresses the impact of the injury on the injured party’s relationship with their spouse or family. It may include damages for loss of companionship, emotional support, and other aspects of the relationship affected by the injury.
In tragic cases where the defect leads to a fatality, compensation may be sought through a wrongful death claim. This can cover funeral expenses, loss of financial support, and the emotional impact on surviving family members.
Navigating these compensation options can be complicated, but you don’t need to go it alone. The experienced product liability lawyers at Nix Patterson are here to help every step of the way.
If you or a loved one has been harmed by a defective product, it’s important to act quickly. Seeking experienced legal guidance can help you uncover all liable parties, understand your rights, and pursue the compensation you deserve. At Nix Patterson, our dedicated team of attorneys is here to guide you through every step of the legal process, ensuring that your case is handled with the expertise and care it demands.
Ready to get started? Contact Nix Patterson today for a consultation to discuss your case and explore your options. Let us help you hold those responsible accountable and secure the justice you need.
Nix Patterson only works on a contingency fee basis. Our clients pay us nothing unless we win. Schedule a free consultation today.
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The information on this site is for informational purposes only. Though it deals with legal issues, it should not be taken as legal advice for any specific case or situation. The law changes rapidly, and we make no warranty or guarantee about the accuracy or reliability of the content or links on this site. Every case and legal issue is different. Speak with a lawyer for specific advice.
This site is not intended to create, and viewing it does not create, an attorney-client relationship. The verdicts and settlements shown on this site are intended to be representative of cases Nix Patterson handles. These listings are not a guarantee or prediction of the outcome of any other cases or claim. Results in litigation can never be guaranteed.
La información contenida en este sitio tiene únicamente fines informativos. Aunque trata de cuestiones jurídicas, no debe tomarse como asesoramiento jurídico para ningún caso o situación específicos. La legislación cambia rápidamente y no garantizamos la exactitud o fiabilidad de los contenidos o enlaces de este sitio. Cada caso y asunto jurídico es diferente. Hable con un abogado para obtener asesoramiento específico.
Este sitio no pretende crear, y su consulta no crea, una relación abogado-cliente. Los veredictos y acuerdos mostrados en este sitio pretenden ser representativos de los casos que maneja Nix Patterson. Estos listados no son una garantía o predicción del resultado de cualquier otro caso o reclamación. Los resultados en litigios nunca pueden ser garantizados.