Product liability can extend to many different parties involved in the manufacturing and retail process. The manufacturer of the product itself can have liability for a defective product, but the supplier of the parts used to manufacture the product may equal or greater liability. Product liability can extend all the way down to the retailer of the product. Also, a product liability claim can be filed even if the injury occurred to a person who did not directly purchase the product, but was injured by its use.
Product liability is a broad umbrella term for claims that stem from a dangerous / defective product. However, it is clear that not every product defect is similar. In fact, there are many differences regarding what can cause a product to malfunction or cause injury. What they have in common is the manufacturer's obligation to your safety.
In a significant (and possibly historic) case involving the "failure to warn," our firm held Johnson & Johnson accountable for withholding vital documents from prescribers and federal authorities. These documents showed a link between taking Risperdal and developing abnormal breast tissue. Our client was only a boy when he took Risperdal and developed female breasts. As a result, he suffered a great deal. We secured a $76.6 million verdict on his behalf—the largest Risperdal verdict to date.
We Have a Reputation for Winning Cases Against Big Companies
Some of the most well-known product liability cases in legal history are “failure to warn” cases, which hinged upon manufacturer knowledge regarding their products.
Big Tobacco’s failure to warn users about the cancer-causing nature of cigarettes in the 1960s led to an initial wave of product liability suits, but it wasn’t until the 1990s that companies like Philip Morris and others were taken to task for their part in causing lung cancer in 1000s of smokers.
The cases flooded courts around the nation, leading entire state governments to sue the four “majors” for failing to disclose to consumers smoking’s addictive nature. Documents revealed that company officials knew about cigarette addiction and lung cancer risks, but did not share this information with federal officials or buyers. A portion of the money secured in trials against Big Tobacco went toward informing the public about the health risks of smoking.
Asbestos manufacturers also faced severe litigation for knowingly endangering their workers. They caused illness and death for workers for decades before being brought to justice. Incriminating evidence revealed that many employers forbade their workers from speaking about or reporting lung issues, which indicated their knowledge about asbestos exposure. Thanks to product liability cases, hundreds of thousands of workers and their families received the care and resources they needed for the rest of their lives, and countless others were spared the effects of asbestos exposure.
Manufacturing Defect Claims
Manufacturing defect claims apply when the product is being produced. It is classified as a defect during manufacturing when the product that is built does not live up to or adhere to the specifications that are laid out during design. This can include using cheap material, faulty machinery, or poorly trained employees.
Design Defect Claims
Design defect claims apply when the product is faulty from inception. To prove this, it must be shown that a change in the design could have prevented the injury—essentially proving there is a safe alternative design. In these claims, an injury would have been sustained regardless of how flawlessly the product was manufactured.
Failure to Warn Claims
Finally, failure to warn claims occur when a manufacturer does not provide proper warning to consumers regarding all of the potential dangers that could be sustained from using the product. This is especially true for products that could not function without some inherent danger or risk (for example, kitchen knives needing to be sharp). This is only applicable when the manufacturer knew or should have known about the risk.
When injured clients need a passionate, experienced attorney in their corner, they call Arnold & Itkin LLP. They trust us with their product liability claims because our knowledge, skills, and trial-tested practice has helped our clients receive the best possible outcomes for their claims. Seek the help of our nationally-renowned advocates. While we can never guarantee any kind of outcome to our clients, we can promise that we will put all of our resources behind winning you the justice that you deserve. Our lawyers have tried more cases than most firms try in their entire careers. When you need seasoned trial attorneys, contact our firm. Discuss your legal options in a free consultation.
Call (888) 493-1629 for a free case evaluation of your product liability claim.
Arnold & Itkin represented a pregnant woman who experienced stomach pain and called Acadian Ambulances. The driver of the ambulance drove the ambulance into the back of a sugar cane truck causing the plaintiff's spine to be severed at T4 and for her to sustain serious brain injuries. We succeeded in obtaining a $117 million verdict for the mother, as well as her two daughters.
Attorneys from Arnold & Itkin LLP secured a unanimous jury verdict on behalf of our client who had suffered from the usage of Risperdal.
Arnold & Itkin has achieved a record settlement for a worker who was injured in a severe oilfield accident less than 2 years after the incident. His accident was a result of negligence from multiple parties--all of whom settled with our client only a week before trial. We are thrilled that our client will receive the medical care and future security he deserves.
Arnold & Itkin represented a construction superintendent who required a leg amputation after a crane collapse. At the time of the collapse, our client had been standing behind a safety fence 100 feet away when a fallen piece of crane equipment pinned him down. Our firm got him the largest award ever given in a case involving loss of limb, including $8.5 million in punitive damages.
Our client was a Houston-based investor who was cut out of a deal to acquire Honsador Lumber Corporation, one of Hawaii’s largest lumber suppliers. The jury found Key Principal Partners LLC and its parent Key Corporation guilty of breaching their fiduciary duties, interfering with Foreman's efforts to acquire the Honsador Lumber Corporation, and violating Hawaii's unfair competition statute. We won a massive $41 million verdict for the wrongdoing committed against our client.