Product Liability Lawyers

Not only is a manufacturer or seller supposed to stand behind the product that you purchase, but they can even be held liable when that product has injured you. Product liability lawsuits can result in a significant amount of compensation, but only after you have successfully fought a large company.

Never try to go to battle against a massive corporate defendant on your own. Always hire an experienced product liability lawyer who has already won these fights. The attorneys at Nix Patterson have obtained numerous large verdicts and settlements for our clients and product liability lawsuits. Reach out to us today to learn how we can help you if you or a loved one has been injured by a product that you trusted.

Understanding Product Liability Law

Product liability is the area of law that may make you eligible for financial compensation when you have been injured by something that you purchased. As a consumer, you have the right to expect that what you buy is safe and certainly not unreasonably dangerous. However, many companies deliberately overlook potential hazards in their products because they want to continue earning profits from them. There are scores of lawsuit stories in which plaintiffs have gathered evidence that showed that the defendant knew full well that they were putting the general public at risk, but they did whatever they had to do to continue selling the product.

Anyone who is involved in the process of manufacturing or selling the defective product to you may be liable for the damages that you have suffered. The most effective way to qualify for financial compensation is to prove that the product was defective. Then, anyone who was involved in the stream of commerce could be jointly and severally liable to you under the legal theory of strict liability. The only way that they could avoid liability is by using one of a limited number of defenses to your claim.

There are three types of product defects that could make the defendant strictly liable:

• Manufacturing: The product had a safe design, but there was an issue in the manufacturing process that caused it to be unreasonably dangerous for its intended use. For example, there may have been a contaminant that made its way into a medication, which could be a potential carcinogen.
• Design: The design of the product was defective, rendering it unreasonably dangerous for its intended use. In a classic example, the placement of the fuel tank in the old Ford Pinto was such that the car may explode on impact in a crash.
• Marketing: The manufacturer did not include a warning when they knew or should have known that the product was dangerous, which is a marketing defect.

Compensation for Product Liability Injuries

If you are able to prove that the defendant was responsible for your product liability injuries, you would have a legal right to full financial compensation for your injuries. Product liability lawsuits involve companies who have deep pockets and the ability to fully compensate you. The average jury award in a product liability lawsuit is roughly $2.5 million. Your compensation would be directly tied to the injuries that you have suffered.

Your product liability lawsuit compensation could include the following:

• Medical expenses
• Lost wages
• Pain and suffering
• Scarring and disfigurement
• Loss of enjoyment of life
• Embarrassment and humiliation

Punitive damages are always a possibility in a product liability lawsuit, although they are reserved for situations in which there is a high degree of fault. For example, Bayer was ordered to pay extremely high punitive damages in a number of lawsuits involving its Roundup pesticide because the maker of the product consciously continued to sell it when there were corporate communications that showed that the company knew full well of the potential dangers. Instead of pulling the product from the market, the company tried to hire scientists to influence public thinking about the safety of Roundup.

How to Find a Product Liability Lawyer

It is essential that you do your homework closely when you are selecting a product liability lawyer because you need to put your best legal foot forward first. If you do not file a complaint with the court that adequately sets forth grounds for relief, your case could be dismissed entirely before you even got a hearing on the merits. Therefore, you need to retain an attorney who has experience in the specialized types of cases and knows their way around the courtroom.

What to Expect from a Product Liability Lawyer

A product liability attorney should be one who is experienced in these types of cases. Product liability lawsuits require specialized knowledge because they have their own unique aspects. you should never hire a personal injury lawyer who has never tried and handled a product liability case before because you may not get the best legal result.

Your product liability lawyer should be responsive to you and your concerns. They should take the time to explain the law and the legal process and answer any questions that you have. Remember that this is someone who you may be working with for years to come, so it is vital that you are comfortable with them.

Most of all, your product liability lawyer should be someone who is ready, willing, and able to fight for you at all times. The defendant will certainly not make your case easy. They will absolutely not put money in front of you right away; it is only after your lawyer builds a strong case that they may engage in settlement negotiations. Even then, your lawyer would still need to be resolute in helping you get all of the compensation that you deserve.

The Steps in Your Product Liability Case

Your product liability lawyer will continue to build the facts and evidence for your case. Once they have substantial allegations of wrongdoing, they would look to begin the lawsuit process itself. A product liability case begins when your attorney drafts a legal complaint, files it with the court, and serves it on the other party.

Once the case has begun, your attorney will continue to work to build your case and strengthen your legal position. You can expect that the defendant will file one or more motions to dismiss the case on various grounds. Assuming your case survives the motion to dismiss, you would then proceed to the discovery process. This stage is where you would gather some of the most critical evidence that would be used to prove your case.

You can expect a product liability case to be a legal dogfight. The defendant has a large amount of money at stake because your case is likely far from the only one. They have likely hired expensive attorneys to protect their legal interests, and you need a product liability lawyer who is up to the task of fighting them every step of the way.

The product liability lawsuit process contains the following steps:

• Complaint: Your attorney would draft a detailed complaint that sets forth the facts and legal basis for you to obtain relief.
• Answer: The defendant must file an answer to your claim within 30 days, either contesting your facts or stating their own.
• Discovery: Each party has the right to obtain evidence that is in the hands of the other through the discovery process. Not only would your attorney make numerous requests for information and evidence, but they could also conduct depositions of the opposing party’s witnesses. You can expect to have your own deposition taken by opposing counsel.
• Settlement negotiations: Many product liability cases and in a settlement, whether it is to an individual lawsuit or on a global basis. Both parties have an interest in reaching a settlement, especially the defendant, who may have unlimited financial risk.
• Trial: In the rare event that you do not settle the case, the attorneys would present their evidence in court in front of a jury. Many product liability cases have bellwether trials, in which the first several cases will go to a jury to learn how they may view the fax and evidence.

How to Choose a Product Liability Lawyer

It is essential that you have an attorney who has specialized experience in the realm of product liability law. Although these are personal injury lawsuits, they are starkly different from other types of cases, such as car accident claims. Product liability lawsuits are heavily scientific, and they require working with an extensive body of evidence to prove your claims.

The product liability attorney that you hire needs to have previous experience in the field. They must have gone up against some of the nation’s biggest companies in high-stakes lawsuits to have the best chance of delivering a successful result in your case.

Take the time to schedule free initial consultations with one or more product liability attorneys so you can compare potential lawyers. You would be working with this lawyer for a prolonged period of time, with extremely high stakes. Your product liability attorney should be someone who you work well with, because you are trusting them to both fight for your legal rights and defend you when you are being questioned at deposition or trial.

Most important, you need a product liability lawyer who has a proven track record of success. At Nix Patterson, that is exactly what we have — numerous multimillion dollar verdicts and settlements obtained in product liability cases on behalf of our clients.

Preparing for the Product Liability Legal Process

Know that you are in it for the long haul when you are the plaintiff in a product liability lawsuit. After you have taken the first step of hiring a product liability attorney, you need to prepare yourself for a long road ahead of you.

From your standpoint, you should do the following both before and after contacting a product liability lawyer:

• Saving evidence: You should gather and collect any documentation that can be used to prove responsibility and be prepared to give them to your attorney.
• Documenting damages: You have the burden of proof to demonstrate your damages, so you need documentation that shows how you have been injured.
• Preparing to testify: You may need to testify at various points of the product liability lawsuit process. The first instance is a deposition, in which you would answer questions from the defendant’s attorney. If your case proceeded to trial, you would also need to testify on the stand and be subject to cross-examination.

Thankfully, you have a product liability lawyer who can guide you in the process of preparing for litigation and doing what you need to do in your case.

What to Expect from a Product Liability Lawyer

When you hire a product liability attorney, you should expect someone who is going to be responsive to your needs and concerns. Your product liability lawyer should respond to your inquiries as soon as possible, keeping in mind that they also have a busy schedule themselves. Nevertheless, your attorney should keep you updated on the various developments in your case so you can make the most effective possible decisions. A product liability lawyer will give you the best legal advice when you reach key junctures of the case.

At the same time, your product liability attorney is also someone who will fight hard for you on your behalf. They are dealing with very experienced and high-priced lawyers on the other side, who are waging a pitched legal battle to defend their client. Your attorney would have the experience and resolve to go directly up against these lawyers to get the best possible legal outcome for you.

How Much Does a Product Liability Lawsuit Cost?

Product liability lawyers work in the same way as other types of personal injury attorneys. When you hire them for your case, you are never expected to pay any money upfront. A product liability attorney represents you on a contingency basis. They only receive any money for their efforts if they obtain a settlement or jury award. You do not have to pay any money out of your pocket when your case is pending, and you do not have to pay anything at all if you do not win. Thus, there is no risk to you whatsoever when you hire a product liability attorney for your case.

Contact Our Product Liability Lawyers Today

If you have been injured by any type of product, you could be entitled to a significant amount of money when you are able to prove that it was defective. Even if the product was not defective, you can still be eligible for compensation when you can prove other types of wrongdoing in the manufacture or sale of the product.

The first step that you need to take is to reach out to the experienced product liability attorneys at Nix Patterson to schedule a free initial consultation in your case. You can speak with a lawyer today by filling out our online contact form or by calling us at 512-328-5333.