Defective Products and Lawsuits

Today, now more than ever we hear of stories of people being harmed through defective products. Sometimes its machinery, toys, equipment. Defective product suits seem to be gaining in popularity. Many times corporations will attempt to recall a defective product but this is usually done after there has already been significant harm or damage. You as a consumer do have rights and corporations have a responsibility to ensure that their products are safe. The purpose of this article is to show what defines a defective product and what you can do if you have suffered an injury through a company's negligence.

What defines a defective product?
In general terms, a product is considered defective if it is unreasonably dangerous, does not carry sufficient warnings or the manufacture files to provide complete and adequate instructions for use of the product.

What if I get something that doesn't work property is that sufficient ground for a defective product lawsuit?
No, if this is your case then you should just return the product for exchange or refund. For you to be able to bring a defective product suits, there has to be sufficient harm done through negligence or incompetence.

Won't the company just say that I didn't use it properly?
They may try but if you can demonstrate that the product presented unreasonable dangers when used under reasonable circumstances then you have a good chance of brining a defective product lawsuit.

What should I do if I feel I have been harmed by a defective product?
You should gather as much documentation as possible. Keep receipts and names and addresses from where you bought the product. If anyone witnesses the injury then take their statements as well. Take photographs and if possible video tape. Do not call the company because they may not have your best interests in mind.

What can an attorney do for me?
An attorney that specialized in personal injury claims can advise you on the merits of your case. They also may be able to advise you on what types of compensation you can expect. Generally you can claim for medical expenses, loss of wages due to messed work, pain, suffering and mental anguish.

Defective products can cause injury or even kill. Some companies will attempt to do the right thing but many will deny liability. Brining a suit against a defective product will help hold corporations accountable for their negligence and incompetence.

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Defective Products News: Toy Recall

[8/2/2007] Mattel Inc., Voluntarily Recalls Almost 1 Million Toys – Mattel's Fisher Price brand has announced it is voluntarily recalling 83 types of toys manufactured and sold between May and August of 2007 due to lead contamination. Additionally, the United States Consumer Product Safety Commission (CPSC) The recall comes after the plastic preschool toys were were found to have above 0.06% lead content, the regulatory limit for children's toys in the U.S. The Chinese manufacturer responsible claims that their toys are safe despite the recall in place. The toys in question are of the most popular sellers, most Nickelodeon and Sesame Street characters, namely those from Sesame Street and Dora the Explorer. The estimated 967,000 toys being pulled from retail shelves and removed from distribution warehouses across the nation are being added to the list of several recently recalled Chinese manufactured products. The CPSC currently allows importers of products manufactured outside the U.S. the privilege of inspecting and approving their own goods as safe for consumer use.

At a time when children are exploring and learning about themselves and their surrounding environment, the toys that promote such development are becoming more dangerous to purchase and use. The concern surrounding toy recalls continue to be a common focal point in the consumer world and media alike. If you believe your child is suffering medically due to ramifications caused by this or any recalled children's products please contact our firm immediately for a case review by one of our legal specialists. No child should have to endure the consequences of a corporate mistake.

Defective Products News - Tainted Tissue

As early as 2004 many have become victims of tainted tissue transplants. Recalls have now been issued in Florida, New Jersey, Georgian and Texas. Tainted tissue became an issue when illegal harvesting of organs used for transplants became an issue. Not only did these recalls include tainted tissue but also human bone and tendons. Tainted parts were sold to unsuspecting hospitals and other transplant centers. Though the recall is just in these specific states at this time, this problem may extend into every state. Screenings are currently being put into place, which can help protect anyone else that is about to receive a tissue transplant.

Tissue banks are bringing in one billion dollars annually. Recently the FDA has begun a probe into illegal body part snatching rings and organ harvests reselling to hospitals for transplantation. It is estimated that thousands of recipients may have tainted tissue or bones. Family members may also have legal grounds when it comes to illegally removing body parts for transplant to another patient. If you feel your recently passed family member may be a victim of stolen or illegal use of body organs, contact your lawyer.

Tainted tissue can include HIV, hepatitis, syphilis and other diseases. If you have suddenly contracted a serious infectious disease as these with no reasonable explanation, and you've recently had a skin graft, tissue transplant or bone grafting, it will be necessary to seek legal advice. Often patients that have received infectious tissue will not become infected. Even without the signs of infection, if you suspect tainted tissue may be an issue, contact a lawyer as soon as possible. Ask your doctor for a test to see whether you have been infected by your transplant. Hepatitis B, hepatitis C, HIV, AIDS, and syphilis are all areas your physician should check you for using a simple blood test.

Recently the National Institute of Health is taking steps to keep better track of where tissues and human bones are obtained and how they are being used. Over one million people each year have donated tissue used in their surgery. Though the tissue may be disinfected, this does not mean it is safe for use. Some infectious diseases will still be just that, infectious. Most tissue is donated from dead bodies and without further testing on the donated tissue, you may not know exactly what you are getting. Some tissues will be perfectly disease free but will contain bacteria because the tissue was not properly taken care of. One such case is a young man with knee surgery that needed a cartilage transplant. He later died because the cartilage was not properly refrigerated.

Whether the tissue is contaminated by disease, bacteria or other infectious contaminates, it is wise to be tested after any transplant you or your loved ones receive. Contact a lawyer if you have any positive results.

Defective Products Statistics

No one expects to be injured by the new product they just purchased, especially if it's for your child. Consumers believe that all new products made with children in mind have been checked for safety and approved but unfortunately defective products have caused over 60,000 children to become injured in one year alone. Each year thousands of products are recalled due to defects. Often products have a defective design, a mistake made while manufacturing or can be contaminated. Occasionally a product will not present defectiveness until after it's on the market for some time.

Safety for yourself and other family members is important, especially when it comes to pharmaceutical products, safety equipment such as car seats and other products that can lead to harm or injury. Unfortunately, companies will sometimes put cost and design ahead of safety. Manufacturers need to be accountable for any injuries their products cause. When seeking a lawyer in the case of a defective product, there are three types of cases to consider. Defects caused while manufacturing, defective designs, and lack of warnings.

Motor vehicle defects are another common problem causing injury to drivers and passengers because of gas tank placement which can lead to deadly fires. Seatbelts and other restraints are found to have flaws as well as airbags. Airbags can deflate unexpectedly, causing injury to your self or to children. In a lawsuit, it will be up to the plaintiff to prove injury due to a defective product. A lawyer to help you prove this is necessary. Many products are now currently recalled due to malfunctions. Strollers, heaters, tires, hunting equipment, medical devices and even lawn mowers, just to name a few. If you believe that you own defective equipment and have received an injury, contact a lawyer to help you right away.

Consulting with a lawyer will help you decide whether a lawsuit is in your best interest. Whether you were injured or a family member, having a consultation with a lawyer will help you decide whether to proceed with your case. Often others have been hurt or injured by the same malfunctioning product, making your case stronger. A lawyer can tell you this and will know which products have been recalled and why. Don't wait for further injuries before contacting a lawyer. It will be in your best interest.

Product Liability Statute of Limitations

It's a fact of life - items such as baby strollers, infant toys, and automobile parts sometimes make it to the marketplace before they're fully tested for safety and reliability. Though no manufacturer sets out to make a defective product, some of them definitely cut corners in the rush to make a profit. When they do, injuries of innocent consumers can occur.

However, for individuals who have been hurt by defective products, it's essential to file a claim soon after the injury. This is because in all fifty states, there is a product liability statute of limitations.

A product liability statute of limitations is the amount of time an individual (or group of individuals) has to file against the maker, marketer, seller, or manufacturer of a defective product. The limit is usually stated in terms of years (such as two or three), and the product liability statute of limitations varies by state.

The product liability statute of limitations is in place because the sooner a product liability claim is filed, the better off the consumer will be. After all, if you wait a long time after an injury has occurred, you may be likely to forget important details that can help you win a settlement in your case. You may also have trouble finding witnesses to testify if you wait for years after your defective product incident occurred.

Additionally, by establishing product liability statute of limitations, the courts can ensure that people who have truly been injured will come forward and pursue a case in a reasonable amount of time after their experience with the allegedly defective product. Otherwise, the courts would wind up tied up in investigations of older cases that would be difficult and costly (especially for the taxpayers) to research.

If you have been hurt by a defective product, it's critical that you find out your state's product liability statute of limitations. If you do not, you could miss out on monetary compensation for your negative experiences.

Contact our law office via telephone or email, and we'll promptly set up a consultation with a legal representative who will listen to your product liability case and investigate any product liability statute of limitations for your region. You'll be under no obligation to file a claim; however, we believe it is in the interest of every citizen to know his or her rights under the law.

Don't allow the product liability statute of limitations run out. Call us today.