Victor Long When you head to the store you unknowingly trust that the everyday products for sale are safe for you and your family. Unfortunately, that is not always the case. Defective products are commonly found on the shelves at every type of store, from grocery stores, toy stores, to furniture stores.

If you were injured by a product that was mislabeled or didn’t provide adequate warnings, you may have a lawsuit against the company that manufactured or sold it. Speak to a product liability lawyer at Regan Zambri Long. We specialize in defective product cases. One of the founding partners, Victor Long, has won some of the largest settlements in the United States, including a $4.2 million settlement for a child who was injured by defective playground equipment.

What Is a Defective Product Case?

To get a full understanding of your claim, let’s break it down. A defective product case is when an injured victim claims a product was faulty and directly caused them harm. There are three main types of product liability claims:

Manufacturing defect

When an error occurs as the product was being made, the product is flawed and can be dangerous to consumers. For example, a car manufacturer could make a mistake installing the brakes on a car. If the brakes fail and cause an accident, that would be considered a manufacturing defect. Let’s say a toy box was defectively manufactured – the hinges were not installed properly on the lid of the box. If a child is playing with the box and the lid closes too quickly because of the defective hinges, it can cause serious injuries to the child.

Design defect

Another type of product liability claim involves design defects. A design defect is different from a manufacturing defect because the inherent design of the product makes it unsafe. It doesn’t matter how careful the manufacturer is while making it – the product was dangerous from the start.

Failure to warn claim

It is the company’s responsibility to warn consumers about the possible dangers of the product they are selling. The company must also properly instruct each consumer on how to use their product. If they fail to issue an adequate warning to the consumer, it can be considered a failure to warn claim. An example of a failure to warn claim is a medication that doesn’t come with a proper warning label. All medications should have labels that provide adequate warning of the side effects (including refraining from operating a vehicle while on the medication). If a company fails to warn its customers about the possible side effects of a medication, and one of the consumers is injured, the company is accountable for the injuries.

The Legal Theories of Product Liability Claims

A legal theory is simply how your product liability lawyer will prove your product liability claim and secure your compensation. The key types of product liabilities claims are:

Negligence: Negligence is when someone has a duty to you and they fail to perform that duty. Any company, store, or individual seller has a duty to sell you a working product. Therefore, if you are sold defective products that cause you harm, that company, store, or seller was negligent and can be held accountable for your injuries.
Strict liability claim: Strict liability claims are about the product itself rather than negligence. This is when the product is inherently dangerous. If your baby was injured from a defective car seat, the manufacturer can be held liable for the baby’s injuries even if they weren’t technically negligent in making the car seat. While the victim does not have the prove the manufacturer’s negligence, they do have to prove that the manufacturer fell below the standard of care while making the product. These claims can get complicated quickly, so it’s important to have a legal expert advocating for you. If you believe you have a strict liability claim, call the lawyers at Regan Zambri Long for a free consultation.
Breach of warranty: A warranty is a promise regarding the effectiveness and durability of the product that was sold to you. When you buy a product, especially if it comes with a warranty, you have every right to assume it will be safe and will work properly. When the product does not meet the promises made by the manufacturer in the warranty, that is considered a breach of warranty.
Consumer protection claims: Consumer protection are laws created to protect consumers from faulty products, fraudulent business practices, and dangerous goods. Consumer protection laws vary from state to state. The Regan Zambri Long personal injury attorneys practice throughout Maryland, Virginia, and Washington DC. We are deeply knowledgeable in each jurisdiction’s consumer protection laws.

Famous Examples of Product Liability Claims

General Motors Class Action Lawsuit

In 2006, GM was ordered to pay over $100 million to vehicle owners because of defective engines in their cars. The defective products caused breakdowns, property damage, and car accidents. While hiding their defective product, GM put each consumer at risk of serious injury or even death.

Round Up Weed Killer Lawsuit

doctor examining xray for tumor Roundup weedkiller has been linked to cancer for years. Many victims have been involved in a lawsuit against Monsanto (the parent company that sells Roundup weed killer). Settlement payouts have ranged from $5,000 to $250,000, depending on the severity of the victim’s injuries and illnesses.

Big Tobacco Lawsuit

Some of the largest product liability lawsuits have been against Big Tobacco. In 1999, the Department of Justice sued big tobacco companies for not being forthcoming about the deadly effects of smoking cigarettes. Later, the American Cancer Society sued the tobacco companies for lying and failure to warn the public about the dangers of cigarette smoking and secondhand smoke. Since tobacco companies failed to provide adequate warnings, many victims developed lung cancer. Because of the class-action lawsuit, those victims were able to recover financial compensation.

Dow Corning Lawsuit

Dow Corning, a company that marketed products like sealants, rubbers, lubricants, and silicone, had to pay $3.2 billion to settle claims that were filed against them. The claim was filed by women who fell ill due to their silicone breast implants.

Mesothelioma Lawsuits

It’s now well known that exposure to asbestos is linked to a type of cancer called mesothelioma. Over the years, there have been countless lawsuits holding companies, employers, and manufacturers accountable for exposure to materials containing asbestos.

Johnson and Johnson Lawsuit

Talc is a mineral found in baby powder and many makeup products. Johnson and Johnson, a giant pharmaceutical company, failed to warn consumers that talc contained asbestos. Women who were using baby powder developed ovarian cancer. Johnson and Johnson was ordered to pay millions of dollars to the victims for knowingly selling a dangerous product.

Common Dangerous Products

In addition to the famous cases of defectively manufactured products and defective designs, there are many other everyday Metformin recall - pills spilling out of medicine bottle products that routinely injure consumers. They include:

Fireworks
Pools
Highchairs
Pharmaceutical drugs/medications
Space heaters
Automobiles
Children’s toys
Lawn equipment
Home improvement tools
ATVs

Defective Medical Products

When you or your loved one is ill, you’re counting on your doctors, pharmacists, and other healthcare providers to treat you with medication and medical devices that are safe and effective. Unfortunately, medical malpractice continues to be the third-leading cause of death across the United States.

Different types of defective and unsafe medical devices include:

Hernia mesh
Hip replacements
Essure (a type of birth control)
IVC filters
Defibrillators
Transvaginal mesh

The Food and Drug Administration (FDA) has the power to recall medical devices that are faulty and cause harm to consumers. If a company has recalled a medical device, it is required to inform the FDA that the device is not safe for consumption. The FDA also provides an updated list of all recalled devices.

If you were injured due to a defective medical product, contact the product liability attorneys at Regan Zambri Long. Our lawyers will file a medical malpractice lawsuit against the medical providers, the medical device manufacturer, and any other negligent party involved.

Steps in a Defective Product Liability Claim

Taking the following steps will help ensure you and your loved ones are safe after being injured by a defective product. They will also greatly help your product liability claim.

Immediately after the injury

Contact your doctor or go to the emergency room. Taking care of yourself is the single most important thing you can do for your family. If you are able, document the entire visit. Keep a record of the doctor’s name, the nurse staff’s names, and any other medical professional you see. Be sure to keep your medical records from the hospital stay and any documentation from your insurance company. Failing to go to the doctor can harm your case against the product manufacturer. They will argue your injuries were not that serious since. Make sure to get yourself to the doctor for your own good and the success of your claim.

Contact the defective product manufacturer

Make sure you have written documentation of what they say and obtain a copy of your complaint. While talking to the manufacturer or company, do not accept (either verbal or written) any type of settlement. Simply get lodge your complaint and document their response. Your attorney will take care of the rest.

Call a Regan Zambri Long product liability attorney

Going after a large company and its insurance company can be scary. Without legal experience, you may be afraid to say the wrong thing and back yourself into a corner. Having a legal expert by your side will not only ease your fears, but it will greatly increase the chances of a higher settlement in your product liability suit.

Determine fault

This can be several parties, which can make a product liability case extremely complex. Your lawyer will decide if the liable party acted negligently, or if your case falls under strict liability.

Investigate your case and gather evidence

At Regan Zambri Long, we spare no expense as we fight to protect our clients’ rights. Our law firm has the financial resources to consult with medical professionals, expert witnesses, accident reconstruction, and other legal minds. We build your case at no expense to you. That’s right – your lawyer will not accept a fee until a settlement or verdict is won in your favor.

Negotiate with insurance

Your lawyer will enter negotiations with the negligent seller’s insurance company. During negotiations, your lawyer will work to recover compensatory damages including compensation for medical bills, lost income, loss of future income, pain and suffering, and punitive damages.

If a settlement cannot be reached during negotiations

Your lawyer will take your lawsuit to court. Our attorneys at Regan Zambri Long, which has been in practice for over 30 years, are excellent trial lawyers. Victor Long was a trial attorney for the Office of the Attorney General in Washington, DC. Mr. Long and his colleagues are fierce fighters in the courtroom and will tirelessly defend your rights.

Statute of Limitations for Product Liability Claims

A statute of limitations is the window of time the victim has to file a lawsuit against the negligent party. The time restrictions in a personal injury lawsuit vary from state to state. Maryland and Washington, DC have a three-year statute of limitations in a personal injury claim. Virginia victims have only two years to file a lawsuit.

Keep in mind that two and three years may seem like a long time, if you do not file your claim within that window, you will lose the opportunity to collect compensation. At Regan Zambri Long, we firmly believe your financial future should not be on the hook because of someone else’s negligence. Call today for a free consultation so we can get the claims process started.

Do I need a lawyer for my product liability claim?

While there is no law stating that you must have legal representation for your lawsuit, it is advantageous to find a good lawyer to stand by your side. Our lawyers at Regan Zambri Long will help you win and receive maximum compensation for your medical expenses and your losses.

At Regan Zambri Long, we deeply understand the pain and stress you and your family are going through. We know that you never planned on being our client and you certainly don’t want to be our client for a moment longer than you have to. While you work with us, we will make ourselves available to you constantly. We will answer questions, soothe fears, and give hope. We are highly involved in the communities we work in and lovingly treat our clients like extended family.

Call today to speak with one of our seasoned lawyers. We will walk you through our process, arming you with knowledge of your case, and make sure you are financially compensated for the injuries sustained.

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