Products Liability Lawsuits

Lawsuits involving defective products or products unfit for their intended purposes are complex and expensive. Such suits are normally brought only when the injuries or damages caused by the defective products are extremely serious, resulting in loss of life or permanent injury or disability.

Products liability lawsuits may be brought against the company that designed, manufactured or distributed the defective product. The product itself might be a prescription drug, a power tool, a medical device, an automobile, or almost any other conceivable product.

Some people believe that such suits should never be brought; that "accidents happen," and the users of products should be responsible for their own safety. Unfortunately, consumers cannot always prevent injuries just by being careful when they use a product. Some injuries occur even when the consumer is using the product exactly as the manufacturer intended it to be used. The likelihood of making a successful products liability claim is much lower if the consumer was using the product in a manner in which it was not intended to be used, or the consumer disregarded clear instructions or warnings about the use of the product.

Products liability lawsuits seek to accomplish two goals. First, to allow consumers to recover financially for their medical bills, lost earnings, pain, suffering, and other damages. But equally important, such suits encourage manufacturers to make safer products, so the same injuries won't happen to other consumers. There is a long list of products, from automobiles to kitchen toasters, that have been modified following product liability lawsuits. In some cases, the manufacturer knew the product was unsafe, but was unwilling to pay the extra expense of making a safer product until lawsuits were brought.

Here are a few things you should do if you are unfortunate enough to be injured by a defective product.

●   Keep the product, if possible. Store the defective product in a safe place, preferably indoors. Do not allow the manufacturer, or anyone else who might end up being sued, to take the product from you, no matter what reason they may give you. If you purchased the product, no one else has a right to its possession.

●   Do not change anything about the product, and do not allow anyone else to alter the product in any way. It is essential that the product remain in the same condition as it was immediately after your injury.

●   Photograph or videotape the product, the scene of the injury, and the injuries as soon as possible.

●   Locate and save any paperwork associated with the product, such as the sales receipt, warranty, registration card, warnings, instructions, packaging, accessories, and anything else you can find.

●   Get the name, address, and telephone numbers of any witnesses to the injury.

●   Contact a lawyer immediately, so he or she can begin the investigative process before enough time passes that conditions change, and make the investigation more difficult.

As stated, products liability claims are complex. If you have any questions about this type of lawsuit, please feel free to contact our law firm.