Products liability is an area of law that developed to protect and compensate consumers for injury or death sustained by dangerous and defective products. This area of law governs the liability of manufacturers and others to consumers with regard to manufacturing defects, defectively designed products and the failure to provide adequate warnings. Products can include almost anything, but often involve the following areas:
- Motor Vehicles
- Prescription Drugs
- Medical Devices
- Manufacturing Equipment
- Children’s Products & Toys
- Household Products
Single Vehicle Accidents
Fischer & Associates actively and routinely investigates single vehicle accidents involving serious bodily injury and death for the possibility of a defective and unreasonably dangerous design or manufacturing defect that causes injuries. Often, the families of individuals that have suffered catastrophic injuries are unaware that the harm to their loved one may well have been the result of a product defect. It is important that this investigation occur very quickly after an accident. The accident is often easier to reconstruct while evidence is fresh. And, the vehicle involved in the accident must be immediately preserved for inspection and investigation. The failure to quickly preserve the vehicle can be fatal to an effort to prosecute a product liability matter.
Often times a personal injury or wrongful death case can involve both negligence and products liability. For example, a person may have been injured in an automobile accident due to the negligence of another driver. Let’s say the other driver swerved into your lane and your reasonable avoidance maneuver caused you to flip your vehicle (rollover) and as a result the roof of the SUV you are driving completely caves in causing serious injury or death. In this circumstance, there may be a case against both the other driver for negligence and possibly against the manufacturer of the vehicle for (1) a defective and unreasonably dangerous design that makes the vehicle prone to rollover and (2) a failure to design a safe roof that is not defective and unreasonably dangerous due to that absence of the necessary reinforcements to protect against injury in a rollover situation.
Individual Product Defects
Sometimes, the product line is not harmful –but one particular product in that line is dangerously defective. These individual products are much more likely to be the cause of harm, because their dangerous propensity to harm is silent until an accident or wrongful death occurs. Products can be dangerous to consumers by virtue of a:
- Manufacturing Defect
- Defective or Dangerous Design
- Failure to Label and Adequately Warn of the Dangers
Recalls on Product Lines
All too often, despite the best efforts of manufacturers and a variety of legal protections at the state and federal level, an entire product line will be dangerous flawed. When a product line is defective as a whole, there is usually a voluntary national recall by the manufacturer. Manufacturers generally attempt to notify known buyers directly in writing, often by letter, postcard or email. Recalls are also implemented by governmental agencies like the FDA. Additionally the local and national media will often report on manufacturer recalls.
Recalls are often voluntarily issued by manufacturers. In fact, it is commonplace for companies to issue recalls of their products so that repairs can be done before any accident happens or faulty goods can be removed from the marketplace. There are also times, when the federal government will issue recalls based upon failed safety standards, particularly when food items are involved.
Motor vehicle recalls: visit the website for the US Department of Transportation.
Recent food or drug recalls: visit the website for the Food and Drug Administration.
Complex Personal Injury Cases Need Experienced Products Liability Lawyers
Product liability claims against various manufacturers, distributors, and suppliers of the product requires diligent investigation and expert consultation and testimony must be obtained. Experienced products liability injury attorneys are vitally important to a products liability plaintiff because of the complexity of these types of cases.
If you or a loved one has suffered a personal injury or wrongful death due to a recalled drug, defective drug or medical device, then please feel free to contact the experienced trial attorneys at Fischer & Associates, LLC to schedule a free, initial legal consultation.
Our top trial lawyers are dedicated to helping the injured find justice and the firm of Fischer & Associates, LLC stands ready to help you. We can be reached locally at (205) 423-8504 or toll-free at (866) 557-8504.