Have Questions About Product Liability?
Product Liability FAQs
I've just been injured by a product, what should I do?
Your first concern should be your health. Once you are reasonably sure
that your health is no longer in danger, you should preserve all the evidence
that you can. If the scene of the incident can be left undisturbed, then
cordon it off until an expert can examine the scene of the incident. At
a bare minimum do the best that you can to preserve as many parts of the
product as possible either by taking physical control of the parts or
by taking photographs of the items. In addition, gather information regarding
any witnesses to the incident. Finally, contact an attorney immediately.
Is the seller or the manufacturer liable for my injuries?
The manufacturer and seller may both be responsible for your injuries,
depending on the nature of your injuries, where your accident took place,
and other circumstances.
What is strict liability?
In some jurisdictions, a manufacturer or seller of a product may be held
liable for injuries caused by their products regardless of whether or
not the manufacturer or seller was negligent. This concept is generally
confined to products that are unreasonably dangerous and defective.
Does a products liability claim have to go to court?
No. Like any claim, a products liability case can be settled without going
to court. Because of the complex nature of these cases, however, a large
number of them do proceed to litigation. However, even in those cases
where litigation is necessary, it is not uncommon for a case to settle
prior to an actual trial.
Can I still make a claim if I no longer have the product?
Yes. While it is beneficial to have the product so that we can examine
it and use it as evidence in your case, that is not always necessary.
In many instances we can proceed without the actual product. The best
thing to do is to call us as soon as possible after you are injured for
a free consultation. We can advise you as to whether or not we need the
product in order to assist you.
Can I still make a claim if the product was not recalled?
Yes, you can make a products liability claim even for a product that has
not been recalled. The government makes decisions on whether or not to
recall a product. There are a lot of factors that go into determining
whether it is appropriate to recall a product that have nothing to do
with whether or not the product that injured you is defective. Moreover,
the fact that a product has been recalled may not even be admissible at
the trial of the matter.
What kinds of products and injuries can I make a claim for?
You can make a product liability claim for any type of product, including
vehicles, consumer products, household products, food items, heavy machinery
and any other type of product. We can help you determine not only the
particular product responsible for your injury, but also establish any
mitigating circumstances that may have an impact on the possible outcome
of your case.
In addition, although there are many examples of prescription drug- or
medically-related products, we have had direct legal experience involving
- Ortho Evra
- Defibrillator defects
- ADHD drugs