Every year there are consumers that are injured by poorly designed, or constructed defective products, and in many of those cases, the products had been, or were later recalled by the manufacturers. In virtually every case, the injuries that occurred could have been avoided by properly constructing, providing adequate safety warning instructions, or simply by recalling the commodity in a timely fashion upon consumer notifications of dangers. Corporations or companies issue recalls not only to protect consumers, once it is apparent they have manufactured an unsafe product, but also to limit liability on their part.
Product Defect Lawyers Can Help Sue Everyone Responsible
When merchandise is found to be unsafe, a consumer may sue everyone in the chain of distribution, including makers, distributors, retail chains, and others. Ehine Law Firm PC has vast experience as a defective products lawsuit attorney, and a significant record of achievement in recovering big money for consumers who were badly wounded by poorly designed, built, labeled, or recalled goods and stock.
With millions of dollars recovered, and a renowned custom of returning phone calls, as well as keeping our clients in the legal loop, we are also the recipient of numerous awards and recognition from our colleagues and our former clients. Our excellent lawyers at Ehline Law hit the ground running, by immediately investigating, locating the flaw(s), and filing the lawsuit if we cannot get you a windfall like settlement. For additional information about lawsuits such as suing for defective cars, or even food, give us a call at (888) 400-9721, or deliver an email now.
If a manufacturer is under the gun, or trying to meet the bottom line, it is not uncommon to rush a product to the marketplace. In the past, it has been found that the , it often turns out that the producer knew or should have known what was being delivered to the end user was hazardous and troubling. Examples, such as the exploding Ford Pinto come to mind. In that case, for just a few cents per unit, many exploding gas tanks would not have burned and killed innocent users and vehicle occupants.
When poorly designed or built products severely harm innocent individuals, Ehline Law Firm PC uses its substantial prominence in the personal injury law field to make manufacturers do the right thing, and take accountability for their goof ups and for placing profits over consumers.
Our firm has favorably confronted clothing, food, construction and car manufacturers for unsafely designing dangerous products, like failing elevator and escalators in department stores and apartments, bad drugs, and defective medical devices, and their component parts. We have a tested and proven record for taking retailers, brokers and fabricators to task, both in and out of the court house. This includes lead paint based children’s toys, to toxic chemicals in food and other goods.
Our staff of seasoned trial attorneys will always go the extra mile. We stand ready to sue for faulty aviation components or sub-par compositions that are responsible for downing an aircraft, or de-railing a train, and are also statewide. When you are abominably pained or mutilated, or a loved or life partner is killed due to these avoidable accidents, it makes sense to give us a ring and discuss your legal options.
Each person, as well as their individual circumstances are fundamentally one-of-a-kind and unique. There is simply now estimable way to compute the total amount your case may be worth in terms of dollars and cents.
- Lost past, present and diminished future earnings;
- Burial and Entombment Ceremony Costs and Fees;
- Ambulance and Gurney Transport Bills and Fees;
- Past, present, future pain and suffering;
- Career and skill retraining costs;
- Nursing Care at Home.
There are many more items or recompense that can be sough upon a showing of proof. Just remember that ethically, no licensed attorney can legally promise you a set pot of gold at the end of the rainbow. [1. CRPC 1-400 et. seq.] In any event, Ehline is here to converse and go over the potential methods to mitigate loss and maximize overall value for free, if you just pick up the phone and call us now.
Types of Product Liability
Product liability negligence claims arise when a person supplying a good or item, such as a retail outlet, wholesaler, manufacturer or distributor, or other party that is part of the supply chain, introduces a product the stream of commerce, such as those examples discussed above, where labels are inaccurate, or there are defective design or manufacturing flaws. Product liability negligence cases are multi-tiered and typically complex cases legally speaking. There is also a greatly enhanced burden of proof standard, in the jurisprudence of these matters. A competent advocate needs to be formulaic when looking at evidence. For example, what was the selection process use to come up with components, and overall design?
Being harmed is not enough to win. The plaintiff must establish that the supplier’s goods caused damage dues to a negligent manufacturing process, a defective overall design or if the product lacked proper use instructions, and warnings against inconspicuous dangers. [2. California Jury Instructions for Products Liability Cases] There are also breaches of implied warranty of merchantability and fitness for a particular use, breach of contract, and breach of actual warranty that are typically added into a “mixed bag claim.”
Under this theory of recovery, a product is so unreasonably dangerous, or put to market in such a terrible condition, that it is “inherently” defective, the vendor or fabricator is liable without need by suing party to prove fault. This type of case allows the plaintiff to save an arm and a leg in litigation expenses, since they are arguing damages instead of liability and then damages. This is because no matter what defendants did to try and make the product safe, it is so dangerous, it can never be safe.
Common Examples of Strictly Liable Products Suits
A common example, we have heard about in the news would be:
- Explosives and explosive factories
- Fireworks combusting
- Toxic chemicals, etc.
Less commonly discussed examples of strict liability claims involve a product designed to create traction in a wet area of a health spa, or residential pool deck. If there is insufficient co-efficient of friction and consumers or bystanders slip and fall, they could suffer head, neck and back injuries. So although the structure, spa, etc, is perfectly fine, the adjacent flooring was manufactured in such as way as to make it unfit for its marketed use and thus, unreasonably dangerous.
It could also include a snapping refrigerator or cool designed for use aboard a limousine, that amputates fingers, and the heavy spring snaps back when grabbing refreshments. If you think you have a case like this, it is best to contact Ehline Law, so you understand the nuances and exception to proceeding on these claims.
How Do I Prove the Item Was Unreasonably Defective or Dangerous?
The burden here is that of an objective, ordinary person. You must prove to a jury that the product was far too hazardous for what the user knew or could have known at the time of use, it is more likely than not, unreasonably defective or dangerous. This test is applied on a case by case basis, so an attorney needs to be leading this type of case to avoid your claims being summarily adjudicated by the court before a jury can get it.
The next step in your journey is to get a products liability attorney who is known as a legal champion of consumer rights. Ehline Law is that master of disasters, and we are standing by waiting to give you a free legal consultation right now. Don’t delay is prosecuting your potential case. Memories fade, statutes lapse and case become less valuable as time goes by. Call us now at 888-400-9721!