If your injury, medical condition, or a loved one’s death has been caused by a dangerous or defective product, then you may be eligible to receive compensation. As a consumer, you have rights and you should not have to pay for a manufacturer’s mistake.
Determining fault in your defective product lawsuit
It is not always clear who is responsible for a dangerous defect or manufacturing mistake. There can be many different companies and webs of legal liability involved. The responsibility could fall on the manufacturer of the product, the manufacturer of a part, the doctor choosing devices used in your surgery, a retailer, a distributor, or someone else.
Lawsuits against the companies that are responsible for defective or dangerous products are different from other kinds of injury lawsuits. These cases can be complex and expensive, and the victims are often facing highly trained teams of attorneys who represent large manufacturers, automakers, medical device companies, etc. This is why you need a highly experienced attorney to evaluate your case, figure out who is responsible, and help you learn about your rights. Make sure the law firm you select has a proven track record of handling these types of cases.
Product liability laws
Product liability laws allow every person in the product supply chain to be held accountable for letting a dangerous or defective product make it into a consumer’s hands. Product designers, parts suppliers, manufacturers, distributors, wholesalers, retailers, and more can be held accountable for your injuries. Because the majority of product liability laws are determined at the state level, there are varying standards of proof and theories of liability under which a consumer can successfully recover.
Three types of product liability
- Manufacturing defects: These defects occur in the actual manufacturing process and result in products that are improperly made due to low-quality materials or poor workmanship. Manufacturing defects typically don’t affect as many products as design defects, but the results can be just as serious.
- Design defects: These are defects that arise no matter how well the product was manufactured because of a mistake in the design of the product that renders the product inherently or unreasonably dangerous. Product design flaws mean that every product produced following that design will be flawed, so the problem will be widespread.
- Marketing defects (or a failure to warn): Marketing defects occur when the product contains inadequate warning labels or instructions, preventing the user from recognizing the risks of a product or how to safely and properly use the product. Manufacturers must also warn consumers about the potential dangers of using their product. If they do not, they can be held accountable.
You need an experienced attorney
Because it can be a real challenge to prove any of those three things, it is in your best interest to hire an attorney for help with any defective product case. You want an attorney who is experienced and willing to dedicate time and resources to obtain the best results possible for your unique situation.
Our firm is a nationally recognized law firm with the experience, knowledge, and financial resources to take on huge corporations and insurance companies on behalf of injured people and their families—and we have real experience winning cases. Our highly rated, experienced injury attorneys have a reputation for success, and we believe in every single case we choose to take. Above all, it is important to us that each of our clients understand what is happening and get the personal attention they deserve.
Cases we handle
Almost any kind of product can suffer from a lack of testing, safety issues, and undisclosed risks and end up hurting innocent people. A warning may be issued to consumers about these defective or potentially dangerous products—or they may not hear about it at all. A dangerous product may have already been recalled by the time you realize there is a problem. However, not all potentially dangerous products are immediately recalled by the manufacturer, retailer, automaker, or the agency responsible for governing a product’s safety.
Even if a product has not yet been recalled, you may still be able to take legal action. Below, you will find some examples of the types of cases our nationally recognized legal team is currently reviewing.
Defective medical devices
When you go in for surgery to improve your health and wellbeing, you assume that the devices used in that procedure are safe and that your health is the priority. Instead, patients are sometimes left with pain, long-term complications, and costly treatments from the use of a defective or untested medical device. Some recent examples of the potentially dangerous or deadly effects of medical devices include:
Faulty or dangerous products
You are surrounded by all kinds of products every day, and you rely on the makers of those products to protect your safety. If something has a defective part or doesn’t work as intended, then you may have the right to sue for compensation if you get hurt. In some cases, you do not even have to be the person who purchased or installed the product. Examples of faulty or dangerous products that victims have taken legal action for include:
- Trinity ET-Plus guardrails.
- Any other product that has caused serious injury, including defective household items such as cribs or appliances. Read about a deadly, defective lamp case we handled.
Product recalls & lawsuits against manufacturers and automakers
Unfortunately, not everyone knows that a product they have purchased has been recalled or, even worse, that someone has already been injured—or that they may have rights to hold the company responsible if they are also hurt.
Our Houston-based law firm helps you investigate your rights after a recall, including recalls related to:
Manufacturers have a legal obligation to ensure their products are safe. Furthermore, they have a legal obligation to:
- Inform consumers of probable malfunctions or defects that could be hazardous
- Replace or repair the dangerous or defective products
- Pay for the financial and emotional costs of victims and their families
If you have been hurt by a faulty or harmful product, you have legal rights. However, cases like this can be extremely complicated, and it is important that you have a voice and a legal team that will fight for you.
Time limits for filing a defective products lawsuit
All personal injury lawsuits have a limited time in which they can and must be filed. Failure to file a lawsuit within that time period means that the court can dismiss the case, and you will not be able to be compensated. This time period is called the “statute of limitations.”
The statute of limitations sets how much time you, the plaintiff, have to file a lawsuit. The actual time period varies depending on the type of lawsuit being pursued and which state the suit is filed in. For defective products cases, many states apply the "discovery rule." This rule “tolls” the statute of limitations during the period of time that you had no clue there was a problem or defect. In other words, it delays the start of the start of the limited time period you have to file an injury claim until you find out that there is a problem. For example, if you were injured in 2011, and you did not find out the product was defective until 2017, you may still be able to pursue a lawsuit. Normally, the statute of limitations for personal injury lawsuits, which is the area of law that covers defective products cases, is two years.
If a significant amount of time has passed since the original accident or injury, keep in mind that records may have been lost, memories may have faded, and key witnesses may have moved away or died. It may become too complicated for everyone involved to try to litigate an issue that happened years ago. It depends on the case, so it is recommended that you consult with an attorney as soon as you suspect a problem to find out what your best options are.
Get answers about recalled and potentially dangerous products in a free consultation
Do you have questions about a recall or an injury that may be related to a defective product? Don’t wait any longer to speak with an attorney who has a very deep understanding of products liability law and experience winning cases against the huge manufacturers that create these products.
VB Attorneys has a long history of representing victims and families hurt by dangerous and recalled products. If you are looking for someone to fight for you, call our nationally recognized law firm today for a free and confidential case review.