Dangerous products can cause people harm because of manufacturing, design, and labeling defects, leaving parties like designers, manufacturers, distributors, and sellers liable for damages. Product liability claims hold companies in the distribution chain accountable for their negligence, leading to consumers suffering severe injuries from dangerous products like defective tires, household appliances, or drugs.
If you received a severe injury from a dangerous product, you could hold various companies accountable for their negligence in a product liability claim. A product liability lawyer can assess your damages to determine whether you have a case and who you’re case should be with. The experienced product liability lawyers at The Russo Firm can help determine the true value of your current and future damages, collect evidence, and negotiate a fair settlement with the at-fault party’s insurance company.
What is a Product Liability Claim?
Product liability claims are a form of personal injury claim filed to hold companies involved in the design, creation, and selling of a product accountable for negligence. Dangerous or defective products result from negligence at one point in the process from a company responsible for designing, creating, or selling a safe product.
There are three types of product liability claims: design defects, manufacturing defects, and failure to warn. Design and manufacturing defects have to do with mistakes in the designing and manufacturing of products that make a product defective and unable to be used safely. Failure to warn has to do with the companies in the distribution chain failing to warn consumers about the dangers inherent in a product.
The following are some of the dangerous products that can cause severe injuries:
- Defective car parts
- Dangerous drugs
- Poorly designed toys
- CPAP machines
- Hair straighteners
- 3M earplugs
- Talcum powder
- Artificial turf
- AFFF firefighting foam
- Roundup weed killer
Product Manufacturers Commonly Liable in Product Liability Claims
The most common party liable for damages in a product liability claim is the manufacturer of a dangerous product. They can share liability on a product liability claim if they make a mistake in manufacturing a product that makes it unsafe. Manufacturing defects are these mistakes in production that can make a usually safe product defective or dangerous.
Manufacturers can only be held liable for manufacturing defects that make a product dangerous if the product itself has a safe design. If the design is inherently safe, any defect that makes it harmful comes back to mistakes made by the manufacturer.
Product Designers Can Be Held Liable for Damages Caused by Design Defects
Designers of products can be held liable for damages in a product liability claim if the design of a product is inherently dangerous. This means that no matter how well the product is manufactured, it can still cause harm because the design makes it unable to be used safely.
An example of a design defect would be using a certain material that is not strong enough to keep a product together. Using the wrong materials can make a product malfunction and cause severe injuries. For instance, if a car part designer calls for the wrong materials to make a tire, the tire could malfunction while someone is driving. The driver could lose control of their vehicle and cause a car accident, which can result in severe injuries like broken bones, traumatic brain injuries (TBIs), and back and neck injuries.
When Can the Distributor of a Product Share Liability for Dangerous Product Damages?
In most cases, manufacturers are the primary party held liable for dangerous product damages, as they have the most foresight over creating a product. If a product is dangerous, it’s likely due to the manufacturer’s mistakes. However, a distributor of a product can also share liability for negligence that leads to a dangerous product causing harm to a consumer.
In strict liability claims, liability can extend to everyone in the chain of distribution, which includes the distributor. They must ensure the products they distribute are safe, and failing to do so can leave them liable for product liability damages. The distributor can also be the party held liable for dangerous product damages if the product has an international manufacturer. They may not be subject to US product liability laws, leaving the distributor next in line for liability for the dangerous product.
Sellers of Dangerous Products Can Share Liability in a Product Liability Claim
A seller can also share liability for their role in getting a defective or dangerous product into the hands of a consumer. Sellers are responsible for ensuring any product they sell has a safe design and has been manufactured properly. If they sell a defective product, the victim may file a product liability to hold them accountable for damages. Whether they file a product liability with the seller depends on whether they and their product liability lawyer see that as the best avenue for pursuing fair compensation for damages.
How Can a Product Liability Lawyer Help You Pursue Compensation for Damages?
Dangerous products can expose you to harm that can result in significant damages, such as medical bills, lost wages, and loss of enjoyment of life. You can suffer economic damages that reflect the effects on your financial situation and non-economic damages that have to do with your reduced quality of life. Hiring a product liability lawyer can help with the process of pursuing compensatory damages, as they have experience litigating these claims and will know how to handle the process properly.
A product liability lawyer can help you by calculating your current and future damages, assessing who should be held liable for negligence, explaining your rights, collecting evidence, and negotiating with the at-fault party’s insurance company. They can help prevent the insurance company from limiting your settlement to ensure you recover fair compensation for your damages.
Contact The Russo Firm for Help With Your Product Liability Claim Today
The Russo Firm is a personal injury firm with product liability lawyers with decades of experience holding companies in a product’s chain of distribution liable for negligence. Parties like designers, manufacturers, distributors, and sellers can all behave negligently and contribute to why a product is dangerous. Speak to our product liability lawyers today to help you determine who caused the dangerous product and how we can help you pursue compensation. Contact us for a free case evaluation by calling us at (561) 270-0913 or leaving a message on our online contact page.