At Shtark Law, we understand the serious impact that product liability can have on individuals and families. Our experienced attorneys are dedicated to helping those who have been injured by defective products get the compensation they deserve.
Product liability cases can be complex, as they involve determining who is responsible for the defect and the resulting injuries. Our attorneys have the knowledge and experience necessary to investigate your case, determine liability, and fight for your rights.
Common Types of Product Liability Cases
Product liability cases can arise from a variety of defective products, including:
- Defective Medical Devices: Medical devices, such as pacemakers, joint replacements, and surgical instruments, can be defective and cause serious harm to patients. These defects can include design flaws, manufacturing defects, and failure to warn of potential risks.
- Defective Pharmaceuticals: Prescription and over-the-counter medications can be defective and cause serious harm, including side effects, allergic reactions, and even death. Defects in pharmaceutical products can include improper labeling, manufacturing errors, and failure to warn of potential risks.
- Defective Consumer Products: Everyday products, such as appliances, tools, and toys, can be defective and cause injury or death. Defects in consumer products can include design flaws, manufacturing defects, and failure to warn of potential risks.
- Defective Vehicles: Cars, trucks, and motorcycles can be defective and cause accidents and injuries, such as brake failure, tire blowouts, and airbag malfunctions. Defects in vehicles can include design flaws, manufacturing defects, and failure to warn of potential risks.
- Defective Industrial Products: Industrial equipment and machinery, such as cranes, forklifts, and power tools, can be defective and cause serious injuries to workers. Defects in industrial products can include design flaws, manufacturing defects, and failure to warn of potential risks.
Determining Liability in Product Liability Cases
Determining liability in a product liability case can be complicated. There may be multiple parties involved, including the manufacturer, distributor, and retailer of the product. Our attorneys have the experience and knowledge necessary to investigate your case and determine who is responsible for your injuries.
In many cases, liability can be attributed to the manufacturer of the defective product. Manufacturers have a legal obligation to ensure that their products are safe for use and to warn consumers of any potential risks.
However, liability may also be attributed to distributors and retailers if they knew or should have known about the defect and failed to take action to prevent harm to consumers.
Compensation for Product Liability Victims
If you have been injured by a defective product, you may be entitled to compensation for your injuries, medical expenses, lost wages, and pain and suffering. Our attorneys can help you navigate the complex process of filing a product liability claim and fight for the compensation you deserve.
Product liability claims can be filed under strict liability, negligence, or breach of warranty. Our attorneys can help you determine which type of claim is appropriate for your case and guide you through the legal process.
Strict Liability: Under strict liability, a manufacturer can be held liable for injuries caused by their defective product without the injured party having to prove negligence. This means that if a product is defective and causes harm, the manufacturer can be held liable regardless of whether they knew about the defect or took reasonable steps to prevent it.
Negligence: Under negligence, a manufacturer can be held liable if they knew or should have known about the defect and failed to take reasonable steps to prevent harm. This means that the injured party must prove that the manufacturer acted negligently in designing, manufacturing, or distributing the product.
Breach of Warranty: Under breach of warranty, a manufacturer can be held liable if they fail to fulfill the terms of a warranty or representation made about the product. This means that the injured part.