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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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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:
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. Or, 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. In that case, the family of the minor child could file a product liability claim for a manufacturing 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.
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 of potential harms, 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.
If you have a product liability case for a manufacturing or design defect or a failure to warn claim, Regan Zambri Long can help you take legal action against the negligent company.
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:
Breach 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.With product liability practices throughout Maryland, Virginia, and Washington, DC, Regan Zambri Long is experienced in each jurisdiction’s consumer protection laws.
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.
General Motors would continue to face legal problems regarding its motor vehicles, as class action lawsuits would be filed for defective ignition switches, intake manifold gaskets, windshield wipers, and fuel pumps.
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.
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, 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.
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.
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.
In addition to the famous cases of defectively manufactured products and defective designs, many other everyday products routinely injure consumers. They include:
When we think of dangerous drugs harming people, we think of illegal substances being abused. However, some of the most dangerous drugs and medical products are ones your physician may prescribe you.
Different types of defective and unsafe medical devices include:
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.
Like any personal injury claim, there is a statute of limitations that must be followed in order to receive compensation for your losses. These deadlines are critical as missing one can mean forfeiting your right to compensation.
The statute of limitations may vary from state to state. Maryland and Washington, D.C. have a three-year limit, while Virginia has a two-year limit.
A product liability lawyer from Regan Zambri Long will ensure you meet all filing requirements for your specific case.
No two personal injury claims are the same. However, when it comes to defective products, especially when their harmfulness raises a class action lawsuit, some injuries may be seen repeatedly.
Some of the most common injuries caused by defective products include:
If you suffered due to a defective product, medication, motor vehicle, etc., call Regan Zambri Long.
Once you have started recovery and learned that a defective product caused you harm, you may want to take legal action against the corporation that designed, manufactured, or sold the product. To sue a company for product liability, there are steps you must take.
It can be difficult to sue a negligent company on your own. Call Regan Zambri Long to learn how we can help you secure maximum compensation for your losses.
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 product liability 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.
By calling Regan Zambri Long for your product liability case, you can rest assured that:
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.
