Do You Have a Product Liability Claim?

November 13th, 2012 Uncategorized
Fellows Hymowitz Personal Injury Law Product Liability Attorneys

Many products today are manufactured unsafely, causing consumers to fall victim to injury, and even death.

You may have read a story about a child’s toy that was defective or a prescription drug that has dangerous adverse reactions, or maybe a medical device that was harming patients. These “defective products” are all too common and plaintiff lawyers are the gatekeepers that fight the big pharma companies, holding these corporations accountable for their dangerous products.

“Unreasonably Dangerous” 

When a consumer falls victim to injury or even death, due to a “bad product” they may have a claim called a “products liability” claim. In order to be entitled to compensation for a product liability claim, the consumer must demonstrate that the product was defective and that the product’s defect caused injury or harm. In this case, the term “defective” means that the product in question is unreasonably dangerous for its intended purpose. “Unreasonably dangerous” must be proven in court. These are very complicated and expensive cases to litigate, and require an experienced personal injury lawyer to represent your best interests.

Many Parties May be to Blame

Product liability lawsuits may be filed against manufacturers, suppliers, wholesalers, assemblers, testing facilities, and any other parties responsible for releasing the defective product into the marketplace. Typically many parties are involved with a product’s journey from manufacture to retail, and each of these parties may be responsible for any harmful defect.

Any company that acted negligently and profited from the sale of a defective product may be held accountable. Sometimes a testing facility may fail to properly report any problems with the product, or may fail to carry out the proper tests to check for high levels of dangerous chemicals. In other instances, retail stores may be fully aware of the product’s defect, but will continue to sell the products to avoid paying for potentially costly recalls and refunds.

Be Proactive 

Though many states have laws in place that help protect consumer’s rights, it is the consumer’s responsibility to be proactive. Parties responsible for defective products will rarely offer any compensation without being forced. It is the consumer’s responsibility to file a claim with a qualified personal injury attorney to get the compensation they deserve.

If you believe you or a family member have been harmed by a defective product, always save the product in question and contact a skilled personal injury attorney immediately. Time is usually critical in cases like this, and the sooner you begin the process of seeking damages, the better.

This is a guest blog post from our attorney friend, Lenard Cohen

Fellows Hymowitz took on a difficult case which ended in a positive resolution. The professionalism and dedication of the entire staff was overwhelming. They handled my case as if it was there own. There was no double talk or redundant paper work. They kept the case moving forward in a positive flow with continuous communication and explanation of each step. I highly recommend this firm.

- Anonymous