Modesto Products Liability Lawyer
Americans are fortunate to have access to mostly safe and effective products of all kinds that keep us healthy and make our lives easier. Because we have consumer advocates and government agencies tasked with regulations and oversight, we can place a lot of trust in the products we purchase. We often do not even consider that something we are buying could be hazardous. We have come to subconsciously rely on product testing, proper design, and standardized manufacturing procedures and believe that these systems will keep consumer products safe. More often than not, they do. Sometimes, however, one or more of those safeguards fail because of negligence, resulting in a dangerous product on the market that can cause injuries and sometimes deaths. When the unthinkable happens, those that suffered harm may be entitled to money to compensate for their losses.The Role of a Products Liability Lawyer
Even though we have many systems in place to keep consumer products in the American marketplace safe, there is still public exposure to unsafe and/or defective products regularly. This could be the result of undetected design flaws or manufacturer defects. There are laws within the state of California that provide remedies to consumers if they were harmed by a defective and/or dangerous product.
A vital piece of the puzzle that will be investigated by an expert products liability attorney is at what point in the manufacturing process the negligence happened. The results of such an investigation will determine which entity will be held liable for the injured person's damages. Often in a products liability matter, there are several defendants, some of whom may include:
- Assembly manufacturers
- Part manufacturers
- Retail outlets
One way a product manufacturer may be found liable for harm is by a failure to warn consumers of the potential health hazards that may arise with the use of its product. Manufacturers have an obligation to include explicit warnings of identified dangers within paperwork included with the product or directly on its label. If a dangerous or defective product results in injury or a medical condition to a user, one or more of the types of legal responsibility listed below could be alleged in a lawsuit:
- Manufacturing Defect
- Defect in Design
- Failure to Warn
A design flaw or manufacturing defect could render nearly any type of product dangerous, but some are more likely to present a hazard due to their nature and intended use. Several of the most common types of products that spark products liability lawsuits include:
- Medical Devices, such as Allergan Breast Implants, Paragard IUD or transvaginal mesh
- Medicine - either over-the-counter or prescription. Some recent examples include Metformin, Elmiron, and Zantac. Medications may have unreported side effects, come with incomplete or incorrect instructions, have a manufacturing defect, or be sold without required warning labels.
- Machinery and Tools
- Pesticides - Dicamba and Round-Up are two examples
- Other Chemicals
- Consumables/food items
- Automobile accessories including seatbelts, airbags, car and booster seats, and tires
- Entire motor vehicles including motorcycles, trucks, ATVs and other recreational vehicles
- Toys - may present a choking danger or contain lead paint, for example
- Furniture designed for children that have entrapment, crush, or asphyxiation risks
- Clothing that may be flammable or present a choking hazard
- Jack stands (Harbor Freight recently issued a recall on several models)
- Electric heaters
- Industrial equipment including forklifts, cranes, and scaffolding
- Ladders and step stools
In some cases, the dangers associated with a product become so clear that the product is removed from the market. Some products that have recently been recalled include:
- Takata airbags (recalled by manufacturer)
- Zantac (recalled by FDA)
- Metformin (several manufacturers recalled voluntarily)
- Allergan breast implants (recalled by FDA)
Here is a YouTube video from the Associated Press discussing the Zantac recall.Dangerous Products and the Injuries They Cause
Injuries caused by dangerous products are often overlooked. It may not be immediately apparent that the injury or medical condition was caused by the use of a defective or dangerous product, especially when the harm resulted from taking medication. In other instances, the injured party may feel that going after a large corporation would be a waste of time. Negligent companies need to be held responsible for the damage they cause when they put a dangerous product on the American marketplace.
Every year, consumers sustain injuries, some of them fatal, because they trusted the systems and used a product they did not know was dangerous. Below is a list of some common injuries that can result from dangerous product use:
- Head injuries from falls
- Fractures/broken bones
- Diagnosis of cancer from using a dangerous medication
- Electric shock injuries
The recovery from serious injuries can be prolonged. It may take years, and many times the injured are left with permanent disabilities and chronic pain. Taking up a legal fight against a large and powerful corporation requires a lot of courage. It is essential for you to be informed about your legal options if you were harmed as a result of your use of a defective or dangerous consumer product. The skilled lawyers at AutoAccident.com invite you to contact us to talk about your potential claim.Modesto Products Liability Lawyer
I'm Ed Smith, a Modesto products liability lawyer. If you or anyone you love suffered medical harm or injuries after using a defective and/or dangerous product, contact us without delay to discuss your options. Call us at (209) 227-1931 or if you are calling from outside the local area, toll-free at (800) 404-5400 to arrange for an initial consultation with no obligation. We also have an online contact form.
The attorneys at AutoAccident.com are skilled and have extensive experience in litigation against dangerous product manufacturers. Whether through settlement or jury trial, we have had great success concluding many significant product liability cases, and have obtained financial recoveries for California residents who have suffered because they trusted the use of a medical device, drug product, automobile or auto part, or other dangerous consumer product.
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