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What Are Some Defective Product Case Examples?

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 and toy stores to furniture stores.

If a mislabeled product injured you or didn’t provide adequate warnings, you may have a lawsuit against the company that manufactured or sold it. Speak to a DC product liability lawyer at Regan Zambri Long to understand your rights.

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What Is a Defective Product Case?

Victor LongTo 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 is 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. A toy box was defectively manufactured – the hinges were not installed properly on the lid. 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 product’s inherent design 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

The company is responsible for warning consumers about the possible dangers of the product they are selling. The company must also correctly 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 without a proper warning label. All medicines should have labels that adequately warn 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 liability claims are:

  • Negligence: Negligence is when someone has a duty to you and fails to perform it. Any company, store, or individual seller must 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 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 their 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 essential to have a legal expert advocating for you. If you have a strict liability claim, call the lawyers at Regan Zambri Long for a free consultation.
  • flames around electrical unit, burningBreach of warranty: A warranty is a promise regarding the effectiveness and durability of the product sold to you. When you buy a product, especially with a warranty, you have every right to assume it will be safe and 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 laws 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 car engines. The defective products caused breakdowns, property damage, and car accidents. While hiding their defective product, GM put each consumer at risk of severe injury or even death.

Round Up Weed Killer Lawsuit

doctor examining xray for tumorRoundup 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 failing 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 could 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 & 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 bottleproducts 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 must inform the FDA that it is unsafe 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.

Do I Need a Lawyer For My Product Liability Claim?

While no law states that you must have legal representation for your lawsuit, it is advantageous to find a good product liability 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 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 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 our communities and lovingly treat our clients like extended family.

Call today to speak with one of our seasoned DC personal injury lawyers. We will walk you through our process, arm you with knowledge of your case, and ensure you are financially compensated for the injuries sustained.

Schedule a Free Consultation

Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.

Call 202-960-4596

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