Product Liability Attorney Role and 3 Key Claim Types

Explore U.S. product liability laws and consumer rights for compensation in cases of injuries caused by defective products.

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ConsumerShield

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Understanding Product Liability

Product liability pertains to the accountability of producers and sellers for injuries caused by defective products. These laws, varying across jurisdictions, focus on manufacture defect, dangers, or inadequate warnings, aiming to protect consumers.

Role of a Product Liability Attorney

A product liability attorney specializes in manufacture defect product cases, offering expertise in relevant laws and guiding clients through complex legal proceedings. They are committed to defending client rights and securing compensation.

Types of Product Liability Claims

Defective Products:

Claims arise from manufacture defect, where a product deviates from its design, or design flaws, where the product design is inherently dangerous.

Inadequate Warnings: This category includes products lacking sufficient instructions or hazard alerts, posing risks to consumers.

Design Flaws:

Claims in this category focus on products that, despite proper manufacturing and marketing, have unsafe designs.

Proving Product Liability:

To establish a product liability claim, one must demonstrate the defective nature of the product, its direct link to the injury, proper usage, and resultant damages. Evidence collection, including the defective product, medical records, and expert analyses, is crucial.

Trends in Product Liability Cases and notable Lawsuits (2013-2022)

The data from 2013 to 2022 indicates an overall increase in U.S. product liability cases, from 3,342 to 5,826, reflecting heightened consumer awareness and evolving regulatory standards. This trend, particularly pronounced since 2018, may be influenced by high-profile cases and safety scandals.

Notable points include:

The Southern District of Illinois, especially under Judge Rosenstengel, experienced the most filings.

Syngenta AG and Johnson & Johnson faced numerous lawsuits, particularly in Paraquat lawsuit and Talcum Powder lawsuit cases, respectively.

From 2018-2022, $214 million in Approved Class Action Settlement Damages and $201 million in Punitive Damages were awarded.

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Significant lawsuits involved:

Stryker's Cartiva toe implant, scrutinized for high failure rates and associated health issues.

The Paragard IUD, criticized for design flaws causing severe health problems during removal.

Philips Respironics settled for $479 million over health issues linked to their CPAP, BiPAP, and ventilator devices’ sound abatement foam.

3M's combat earplugs, linked to hearing damage, resulted in a substantial $6 billion settlement amid over 285,000 claims.

Juul Labs faced numerous lawsuits over its e-cigarettes, leading to significant settlements due to health concerns and marketing practices.

These cases underline the complexities and scale of product liability litigation in recent years.

There's a noticeable upward trend in the number of cases filed over this period. Starting with 3,342 cases in 2013, there was a significant increase, culminating in 5,826 cases in 2022. This suggests an increased awareness among consumers about their rights and a greater willingness to hold manufacturers accountable.

Steps in a Product Liability Case

  • Seek Medical Attention: Immediately address any injuries caused by the defective product and document them for evidence.
  • Preserve Evidence: Keep the defective product unchanged, along with any related materials like packaging and receipts, as they are vital for your claim.
  • Consult a Product Liability Attorney: An experienced attorney can guide you through the legal intricacies and represent your interests effectively.
  • Explore Legal Options: With your attorney, consider whether to pursue a settlement or proceed to litigation, depending on the specifics of your case and the likelihood of a favorable outcome.
  • Compensation in Product Liability Cases
  • Victims may seek compensation for medical costs, lost income, and emotional distress. Compensation calculation considers the severity of injuries and the extent of negligence.

Conclusion

Engaging a Product Liability Attorney is vital for those affected by a defective product. They navigate legal complexities, ensuring the best possible outcome. Prompt action and thorough documentation are key to reinforcing a claim.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. The information, including data and case references, is based on historical trends up to 2022 and may not reflect current legal standards. Readers should seek professional legal advice from a licensed attorney for specific product liability issues. The content herein does not establish an attorney-client relationship.

Research Team 's profile picture

Research Team

ConsumerShield

At the intersection of public safety, and consumer rights. Consumer Shield Research Team is deeply focused in dissecting the U.S. market, focusing on how information dissemination influences consumer safety and decision-making.

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