Elk Grove Products Liability Lawyer
Those of us who live in the United States can purchase some of the most innovative consumer products in the world. We also trust that these products will be safe. Governmental agencies and non-profit groups that advocate for consumer safety have led to general public confidence that the products we purchase will not cause harm. This subconscious trust in proper testing, design, and manufacturing procedures leads us to purchase products offered on the American marketplace without worrying about associated hazards. Though we do have many more safeguards in place than lots of other countries, no system is perfect, and sometimes negligence causes our carefully crafted systems to fail. When that happens, and a dangerous product is released to the public, injuries and deaths can occur. When negligence causes harm, those that suffered the harm deserve monetary compensation for the damages they incurred.Laws to Protect the Public
Despite every effort to keep the American public safe, consumers are regularly exposed to potentially harmful products. Often a manufacturer's defect will remain undetected until the defective product causes harm to a consumer. Similarly, design flaws may not be discovered until it is too late to save a consumer or consumers from injury. The same is true with yet-to-be-discovered design flaws. Though the threat of harm cannot be 100% eliminated, the law in California does provide remedies if a dangerous product injures a consumer.
One of the first duties of a skilled products liability lawyer is determining at which point in the supply chain, the system failed due to negligence. The answer to that question will determine which entity or entities should be held liable (legally responsible) for the injuries caused. In many products liability cases, there is more than one defendant. Possible defendants are:
- Part manufacturers
- Assembly manufacturers
Manufacturers that produce defective or dangerous products may be found liable under a legal concept known as "failure to warn." The idea is just as it sounds. Product manufacturers are required to warn the public of any known dangers that may arise from the use of their products. Clear instructions and warnings must be included with the product paperwork, or sometimes directly on the labeling. After a defective or dangerous product results in consumer harm, one or a combination of the following categories of liability may be the legal basis for a products liability lawsuit:
- Failure to Warn
- Manufacturing Defect
- Design Defect
Nearly all consumer products have the possibility of being defective or dangerous. However, some are more likely than others to cause harm. Below is a list of some of the product types that are commonly the subject of products liability lawsuits:
- Over-the-counter or prescription drugs - such as Metformin, Elmiron, and Zantac. Medications can have dangerous side effects. They also may include incomplete or incorrect instructive paperwork or be missing mandated warnings.
- Medical Devices - recent examples in litigation include Allergan Breast Implants and the Paragard IUD.
- Other Chemicals
- Tools and Machinery
- Consumables - food and beverages, including alcohol
- Guns and gun accessories
- Toys - many children's toys include parts that may present a choking hazard. Others may have been constructed with dangerous component parts, such as lead paint.
- Furniture - cribs may have entrapment hazards, bookcases are prone to tipping.
- Small appliances - may create electrocution or fire risk. Electric heaters, electric blankets, and BBQs are of particular concern.
- Motor vehicles - motorcycles, ATVs, or other recreational vehicles, trucks.
- Automobile accessories - seatbelts, car seats/booster seats, tires, airbags, tire jacks.
- Apparel could be flammable or include asphyxiation hazards.
- Defective ladders or stepstools.
- Industrial tools and equipment - forklifts, cranes, scaffolding.
When a product is determined to be particularly dangerous, it will sometimes be pulled from the market, either by a regulatory agency or by the manufacturer. Below is a list of products that were recently recalled:
- Zantac - several formulations were recalled by the FDA.
- Johnson & Johnson's Baby Powder - manufacturer's recall.
- Takata airbags underwent a manufacturer's recall.
- Allergan textured breast implants were recalled by the FDA.
- Metformin diabetes drugs were voluntarily recalled by numerous manufacturers.
Below is a video from the Associated Press reporting on the Zantac recalls.Injuries Resulting from Dangerous or Defective Products
Injuries resulting from the use of dangerous or defective consumer products are often overlooked. Sometimes, it is not immediately apparent that the injuries or medical harm were caused by a defective product. This delay in realizing the causation happens a lot with hazardous medications. Even when the causation is clear, sometimes people feel overwhelmed by the thought of taking on a large corporation. The products liability attorneys at AutoAccident.com believe it is important to hold negligent businesses accountable. Consumers should not be injured by a product sold in the American marketplace.
Below is a list of some of the injuries commonly caused by dangerous products:
- Broken Bones
- Cancer caused by a dangerous drug
- Head Injuries
Taking action against a rich and powerful company takes courage. But consider that recovery from severe injuries may take months or perhaps even years. A lot of the time, injured people suffer from chronic pain for the rest of their lives or live with permanent disabilities. If you have suffered injuries caused by a dangerous product, it is crucial that you get informed about your legal rights and options. Our law firm has the depth of experience required to take on such a case, and we invite you to reach out to us to discuss your claim, at no obligation.Elk Grove Products Liability Lawyer
I'm Ed Smith, a products liability lawyer in Elk Grove, California. If you or anyone you love has sustained injuries or been diagnosed with a medical condition caused by the use of a defective or dangerous consumer product, it is essential to protect your rights. We will be happy to have a discussion with you about your legal rights, at no obligation. Call our office at (916) 921-6400 or toll-free from outside the area at (800) 404-5400 to arrange a consultation. We also have an online contact form.
Client reviews are helpful when trying to decide on legal representation. Our firm has many testimonials from prior clients posted at Avvo, Google, and Yelp. The verdicts and settlements section of our website will give you a good idea of our successful case results.
mm [cs 1177] cha