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
Product recall is the process of returning a product or group of products to the manufacturer because an issue has been identified that can cause serious injury or death. The U.S. Consumer Protection Agency protects the public from flawed products that can cause injury by fire, electrocution, chemical exposure, and mechanical malfunction. Products produced or imported into the United States must meet safety guidelines or the products can be recalled and the manufacturer or retailer can be held responsible for any injuries sustained by consumers.
Product recalls are not all covered by the U.S. Consumer Protection Agency. The Federal Aviation Commission oversees aerospace safety and is responsible for recall of defective products on aircraft. Child restraints and vehicle parts are subject to product recall by the National Highway Traffic Safety Administration. Products can be recalled for many different reasons. For example, parts may be improperly made, food may be contaminated, harm to small children is possible, or there may be serious side effect to a drug that will cause a product recall.
Serious injury by consumer products can prompt agencies to recall a product. It is important for individuals, manufacturers, medical practitioners, or distributors to report serious injuries that occur from use of a product. A recall may be initiated by the ruling agency in response to the number or seriousness of injuries by a product. Your serious injury may be the one that tips the scale for a product recall. Be sure you always report a product injury to the proper agency.
Manufacturing Defect Claims
Even if there are no defects in the design, errors can be made in the manufacturing process that lead to a defective product. This is especially a concern today, when the manufacturing process is often outsourced overseas where companies have less control over product manufacturing. 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
Some defects arise at the design level. For example, designing a toy for toddlers that has several removable parts capable of fitting into a child's mouth poses a serious choking hazard. Other products may contain sharp edges that lead to cuts and lacerations. Another example might be a football helmet that does not function correctly and leads to head injuries after sustained blows to the head. In each of these examples, the problem that led to the injury is a defect at the design level. 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. Product labels provide consumers with information about potential risks or hazards associated with using the product. They also instruct consumers how to safely use the product. Incorrect or insufficient labeling can mislead a consumer about the true risks of the product and can lead to serious injury or death. Consumers who are harmed by a product due to incorrect or inefficient labeling have the right to file a personal injury lawsuit.
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.
"If I knew somebody who was hurt or injured, I would definitely recommend Arnold & Itkin. They just have a lot of integrity. They did what they said they were going to do—things didn’t work one way, they would find a way to make things work. They were always there for us."- Joel L.
Arnold & Itkin reached a record $205,000,000 settlement on behalf of clients after several years of hard-fought litigation. The case settled just before trial was set to begin.
Arnold & Itkin worked over the course of several years to represent clients in a case that many other law firms turned down. In the end, we were able to obtain a record-setting confidential settlement of $171 million.
Arnold & Itkin represented a pregnant woman who experienced stomach pain and called Acadian Ambulance. 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.
Arnold & Itkin LLP negotiated a massive nine figure settlement on behalf of their clients after several years of hard fought litigation.
Arnold & Itkin obtained a record settlement for individuals harmed by defective, dangerous products. The result exemplifies our commitment to clients and justice for those seriously injured by the conduct of others.