When you face towering medical bills, income loss, and other financial hardships, you need a legal advocate on your side who can secure the financial compensation you deserve. Let Simeone & Miller focus on your case so you can focus on your recovery. Don’t hesitate to see how an award-winning Washington, D.C. injury lawyer from our legal team can assist you.

Proving Fault in a Product Liability Case

Broadly defined, product liability refers to the legal responsibility of those involved in the design, production, manufacture, distribution, and sale of a product to ensure its safety for consumer use.

Common elements of a product liability claim include:

  • Design defects: when a product’s design is flawed, it does not matter how carefully it is manufactured. These claims assert that the product itself is inherently dangerous, even if it was properly manufactured.
  • Manufacturing defects: when a product is defectively manufactured, it is flawed because of how it was made. This means that a specific product, or batch of products, deviated from basic safety standards.
  • Failure to warn: when a product poses a danger to consumers in a way that’s not obvious, it is the manufacturer’s responsibility to warn consumers of this danger through adequate warning labels or instructions.

Often, there are several companies or persons involved. A single case may involve a manufacturer, a manufacturer of components of the product, an assembler of the product, a wholesaler, and a retail store that sold the product. All may have legal responsibility for injuries caused by a defective product, depending on the applicable law.

What Is “Strict” Product 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 – which is known as “strict liability.” This concept is generally confined to products that are unreasonably dangerous and defective.

In most cases, the plaintiff maintains that the manufacturer is responsible for several layers of legal responsibility. This might include a breach of warranty, negligence, or failure to warn. Without strict liability, proving negligence in a product liability case can be difficult. The concept of strict liability was created to fill this gap in the law.

In order to enforce strict liability, you must be able to demonstrate that the product was “unreasonably dangerous.” Additionally, you can only claim strict liability if you were using the product for its intended purpose at the time you were injured.

Filing a Successful Product Liability Claim

Product liability is a particularly complex area of personal injury law. You will need a Washington, D.C. product liability lawyer who has a high level of skill and determination in order for you to achieve a fair result.

To argue your case, your product liability lawyer will have to:

  • Convince the court that the product was indeed defective
  • Establish that you were injured, hurt, or sickened by the product
  • Prove that the direct cause of these injuries was the defective product
  • Show that your own negligence is not to blame for your injuries

What If I No Longer Have the Product?

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 it. The best thing to do is to call us immediately after you are injured. We can advise you as to whether or not we need the product in order to assist you.

What if the Product Hasn’t Been Recalled?

You can make a product 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 has 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.

Our Experience Handling Product Liability Cases

You can make a product liability claim for any type of product, including auto parts, prescription drugs, consumer products, household products, food items, heavy machinery, and more. When you contact our firm, we will seek to help you establish any mitigating circumstances that could have an impact on the outcome of your case.

When we take on a case, we will inspect the product, research potential recalls, work with expert witnesses, and attempt to resolve cases prior to litigation. If litigation is necessary, we will conduct depositions of key witnesses and review the relevant documents to know exactly how the defect occurred and who is responsible.

We have worked with experts all over the United States, from Arizona to Michigan, to ensure we make the strongest case possible. We have experience handling product liability cases involving failures to warn, mislabeling, defects in car parts, and other manufacturing defects. If you think you have a case, contact us as soon as possible.

Injuries Caused By Prescription Drugs

Pharmaceutical companies often have a vested interest in maintaining a positive perception of their brand and, sadly, there are some companies who care more about sales than public safety. With pharmaceutical companies, you need a tough attorney who is willing to go against these deep-pocketed corporations. An experienced advocate from Simeone & Miller, LLP can help you fight for a recovery that not only compensates you, the victim, but also encourages manufacturers to avoid harming consumers – making prescription drugs safer for all of us.

At Simeone & Miller, LLP, we have had direct experience handling cases that involve:

  • Accutane
  • Bextra
  • Celebrex
  • Cyotec
  • Femara
  • Ketek
  • Ortho Evra
  • Seroquel
  • Tequin
  • Vioxx
  • ADHD drugs
  • Adderall
  • Concerta
  • Dexedrine
  • Ritalin
  • Strattera
  • Paxil
  • Celexa
  • Prozac
  • Zoloft

Contact Our Washington, D.C. Product Liability Lawyers Today

At Simeone & Miller, LLP, you can find the proven advocacy you need to win your product liability claim. We have the trial-tested ability to pursue the resolution you deserve. If you were harmed by a negligent manufacturer or seller, we want to hear your side of the story and make sure your voice is heard in court. Our legal team can track down evidence and plan the strategies necessary to seek justice on your behalf. Start your case before it expires! Contact us today.

Simeone & Miller, LLP, based in Washington, D.C., provides personal injury and medical malpractice legal services across Maryland and Virginia. In Maryland, our services extend to Baltimore City, Prince George’s County, Montgomery County, Howard County, Anne Arundel County, and Frederick. In Virginia, we serve clients in Arlington County, Alexandria, Fairfax County, Fairfax City, Falls Church, Loudoun County, Prince William County, Manassas, and Manassas Park.