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It is well established that a product manufacturer has a duty to warn and instruct the proper use of its product at the time the product leaves the manufacturer. Unfortunately, not all designers, manufacturers and sellers of products live up to these expectations and the requirements of our laws with regard to their products. Prompt and thorough investigation is very important as soon as possible after an injury or death caused by a defective product. It is this thoroughness of preparation that gives plaintiffs the significance and advantage in obtaining a successful result in the "product liability" case. M&A Law Firm represents individuals who have been seriously injured or killed as the result of defective products.

1. What is product liability?

2. If a defective product injured me or a loved one, who can I file a claim against?

3. What must be proven in a product liability case?

4. What if the product had a visible disclaimer? Does the manufacturer still have an obligation to warn?

5. What damages can be recovered in a defective product case?

6. When is a manufacturer liable for injury caused by a defective product?

7. Do I need to retain an attorney and how soon?

Q: What is product liability?

ANSWER: Product Liability Laws governs the manufacturing, marketing and design or products sold to the general public, and holds those companies accountable for defects in any of those three aspects of their business. This applies to all products, from toys and cribs, to automobiles, industrial products and medical devices. If a product manufacturer does not produce and inspect and therefore sends out into the public domain a defected product, the manufacture is liable for the injuries and damages caused by the defective product.

Q: If a defective product injured me or a loved one, who can I file a claim against?

ANSWER: You can make a claim against the manufacturer of the product, and in some cases the seller of the product such as a distributor. If there had been changes made to the product or repairs, the individuals or entities involved in changing the product or making the repairs may also have some responsibility depending upon what was done and when.

Q: What must be proven in a product liability case?

ANSWER: There are three basic elements in a product liability case: (1) The product must have been in a defective condition on reasonably dangerous for its intended use. This can include negligence in the design of a product, a manufacturing defect which occurs when the product is sent out into the public without proper quality control and inspection, and/or if the warnings and instructions are improper; (2) The defect must have existed when the product left the manufacturer control and (3) the defect must have been the proximate cause of the injury or death. Proximate cause is a legal term, which means a cause, and not necessarily the only and single cause.

Q: What if the product had a visible disclaimer? Does the manufacturer still have an obligation to warn?

ANSWER: A product disclaimer does not protect the manufacturer from liability. The use to which the product is put is foreseeable and/or is the type of product that foreseeable will be used by inexperienced consumers; the product manufacturer still has reasonability for injury and death.

Q: What damages can be recovered in a defective product case?

ANSWER: You can recover for past and future medical expenses, funeral and last related injury expenses, pain, disability and emotional distress, diminished earning capacity and disfigurement, all both past and future. Your uninjured spouse may also have a right to recover for the loss of your services and society caused by your injury covered disability and/or disfigurement.

Q: When is a manufacturer liable for injury caused by a defective product?

ANSWER: When the manufacturer either admits reasonability and accepts liability, or after the lawsuit has started the manufacturer is persuaded, the plaintiff’s lawyer has obtained sufficient information for a jury to find the manufacturer responsible by a verdict, then the manufacturer can settle. Also, if the manufacturer does not except responsibility or does not settle prior to the trial, the lawyer for the plaintiff may obtain a jury verdict requiring a manufacturer to be liable for the injuries caused by its product.

Q: Do I need to retain an attorney and how soon?

ANSWER: Product manufacturers and their insurers have major resources and personal to immediately begin preparing a defense of the claim. Gathering evidence as soon after an injury occurs for the evidence or any pieces of evidence are lost can be crucial to the successful outcome of your claim.

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