Product Liability Specialists
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About Product Liability and Defective Products
Simeone & Miller are attorneys based in Washington DC specializing in product liability cases. Our lawyers are among the best and we have a long history of successful settlements. We serve the entire Washington metropolitan area, including Baltimore and surrounding cities and counties.
The law requires manufacturers and suppliers of products to ensure that they are reasonably safe. This is vital to giving consumers the reasonable expectation that we all want that the products we use are safe. When defective products cause injury or death, liability may attach to the manufacturer, but you will need an aggressive advocate to pursue your case because you will be going up against large, well-funded corporations.
In a case involving product liability or a defective product, there is no substitute for experience. Companies often have a vested interest in maintaining a positive perception of their "brand." Sadly, there are companies who care more about sales than public safety. You must therefore be prepared to deal with the aggressive steps some companies may take to prevent damage to their product's image — which can create negative, adversarial circumstances.
What To Do if You've Been Injured by a Defective Product
There are many roadblocks to overcome in a product liability case and only someone who has been through it before can anticipate the issues that may arise. An experienced advocate will obtain a recovery that not only compensates you, the victim, but also encourages manufacturers to avoid injuring other people — and that helps to protect all of us.
However, preparation is critically important. If you believe you have a case, there are several things you should do immediately:
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Ask us now for a free consultation.
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Simeone & Miller specializes in product liability and defective product cases. Get a no cost, no obligation review of your case.
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Do I pay lawyers fees up front?
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NO. Fees are a percentage of the award recovered. If there is no recovery, you pay no legal fee. Let's discuss your product liability case today.
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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 is danger, be sure to preserve all of the evidence 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 where your accident took place and other circumstances.
What is strict liability?
In some jurisdictions a manufacturer or seller of a product maybe 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 is sometimes not admissible at the trial of the matter.
What kinds of products and injuries can I make a claim for?
Although there are many examples of prescription drug- or medically-related products, we have had direct legal experience involving the following:
- Accutane
- Bextra
- Celebrex
- Cyotec
- DES
- Femara
- Ketek
- Ortho Evra
- Seroquel
- Tequin
- Vioxx
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- Defibrillator defects
- ADHD drugs
- Adderall
- Concerta
- Dexedrine
- Ritalin
- Strattera
- Paxil
- Celexa
- Prozac
- Zoloft
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Nevertheless, 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.
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