Manufacturers and product designers have a legal obligation to provide safe products to consumers. When a party fails to meet this obligation, they should be held accountable. A product liability lawyer could help you take legal action if you suffered injuries after using a faulty item. An experienced personal injury attorney could guide you through the legal complexities, gather important evidence, and determine the value of your claim.
What is a Product Liability Lawsuit?
Ohio Revised Code §2307.71 defines a product liability claim as a cause of action to recover damages from a product supplier or manufacturer for injury, death, or property damage arising from certain specified defects. Consumers often think that just because the FDA approves a product that it is safe. Unfortunately, this is not always the case because some products go through a fast track approval process. Sometimes, the FDA allows products that are similar to ones already on the market to bypass clinical trials or manufacturing inspections.
Generally, defective products claims fall into any one of the following categories:
- The manufacturer of the product failed to provide adequate warnings or instructions concerning the proper use of the product
- The manufacturer negligently made the product itself
- The product’s design is defective
- A product liability attorney could review the circumstances of a case to determine what caused the defect and investigate to obtain proof. Generally, an injury must be foreseeable for a consumer to recover damages in a faulty items claim.
Defects in Design or Manufacturing
Some products prove to be dangerous because a company designed them incorrectly. Therefore, even when manufactured to exact specifications, these products may pose a danger to consumers.
A manufacturing defect, by contrast, is an unplanned defect. The company may make several safe versions of a product but also produce some that pose a danger because they were improperly assembled or made from hazardous materials. In these situations, a local product defect attorney may have to demonstrate that there was a reasonable alternative design that would not have created the same risk of injury.
Marketing and Packaging Defects
In many cases, consumers suffer injuries because the product packaging or instructions failed to provide adequate warnings and directions. Those who tested a product may be aware that it could be dangerous unless used in a certain way, and when they fail to instruct consumers on proper usage, this party may be held liable.
Types of Defective Products Claims
A viable defective product claim may come from dangerous medications, hazardous medical devices, as well as any other faulty consumer good. An attorney could asses a product liability case and prepare a claim for damages based on what type of good caused the injuries in question. Some of the products that our law firm have prepared cases for include:
- Metal Hips, such as the Stryker Rejuvenate, AGB II, Accolade v40 hips
- IVC Filters
- Hernia Mesh
- Transvaginal Mesh
- Talcum Powder
- E-Cigarettes
- Defective Military Earplugs
What is “MDL” Litigation?
Multidistrict litigation, or MDL litigation, refers to a special federal legal procedure designed to speed the process of handling complex cases. This would include complicated product liability lawsuits.
The biggest question about MDLs, however, is whether it is the same as a class action – it is not. In an MDL claim, each claim is a standalone case, which is not true for a class action suit. In fact, if an MDL case does not settle with the cases consolidated, the individual lawsuit is often transferred back to the home court to be fully litigated.
There are many types of cases that are considered candidates for MDL litigation. However, in general, product liability cases are considered because a large number of plaintiffs are usually similarly harmed by a particular product.
Consult a Defective Products Attorney
Sometimes, manufacturers value product profits over safety. This is a disservice to their consumers, and they should be held accountable. Producing dangerous products and drugs is unacceptable. So when it happens, it is important to take action. The defective products lawyers at Tittle & Perlmuter could help.
Consumers purchasing drugs, devices, or products expect that they can trust them to be safe. These products come from trusted sources like pharmaceutical companies and medical professionals. These are people we feel we can trust. However, that is not always the case.
Therefore, if you or a loved one is facing injuries from unsafe products, you should contact a product liability lawyer as soon as possible. To get started on your case, schedule a free consultation today.
