Can You Sue a Manufacturer for a Dangerous Product?
A dangerous or defective product can cause serious injuries, expensive medical treatment, lost income, and lasting emotional distress. If you were harmed while using a product that was defectively designed, manufactured, or marketed, you may have legal options. Speaking with experienced product liability lawyers can help you determine whether the manufacturer or another responsible party may be held accountable. Harrison Davis Morrison Jones handles product liability claims involving defective automobiles and parts, dangerous drugs, medical devices, machinery, power tools, and products that lack adequate warnings.
When Can You Sue a Manufacturer for a Dangerous Product?
A manufacturer may potentially be responsible when a defective product causes injury or death. Product liability claims generally involve a product that was unsafe because of a design defect, manufacturing defect, or marketing defect, such as inadequate instructions or failure to warn consumers about known risks.
However, simply being injured while using a product does not automatically mean the manufacturer is legally liable. A product liability case requires evidence connecting the defect or inadequate warning to the injury.
The circumstances of each case matter, including how the product was designed, manufactured, tested, marketed, and used.
What Types of Product Defects Can Lead to a Claim?
Dangerous product cases can involve several types of defects.
Defective Product Design
A design defect may exist when the product is inherently unsafe because of the way it was designed. Even if the product was manufactured exactly according to its specifications, the underlying design may create an unreasonable risk of injury.
Examples can include defective vehicle components, unsafe machinery, or consumer products with dangerous design features.
Manufacturing Defects
A manufacturing defect occurs when something goes wrong during production. The product may have been designed safely, but a mistake, contamination, faulty component, or other production problem can make an individual product dangerous.
Evidence from the product itself, manufacturing records, inspection reports, and similar products may become important in determining what happened.
Failure to Warn
A product can also create liability concerns when consumers are not adequately warned about foreseeable dangers. Manufacturers may need to provide appropriate warnings and instructions concerning risks associated with reasonably foreseeable use.
Harrison Davis Morrison Jones specifically handles product liability claims involving failure to warn or properly train consumers about product use.
What Products Can Be Involved in a Product Liability Lawsuit?
Product liability cases are not limited to household products. A dangerous product lawsuit can potentially involve many types of goods and equipment.
The firm’s product liability practice includes:
- Defective automobiles and automobile parts
- Dangerous prescription and over-the-counter drugs
- Defective medical devices
- Dangerous machinery and industrial equipment
- Defective power tools
- Choking hazards
- Lead paint
- Defective product designs
- Products with inadequate warnings
The firm also handles pharmaceutical and medical device litigation involving injuries allegedly associated with dangerous products.
What Evidence Can Help Prove a Dangerous Product Claim?
Evidence can be critical in a product liability lawsuit. If you were injured, preserve the product whenever possible rather than throwing it away or attempting to repair it.
Useful evidence may include:
- The defective product and its packaging
- Photographs and videos of the product and injury scene
- Purchase receipts or proof of ownership
- Medical records and treatment bills
- Product manuals and warnings
- Recall notices
- Communications with the manufacturer or retailer
- Names and contact information for witnesses
- Information about when and how the product was used
It is also important to document your injuries and medical treatment. Depending on the circumstances, lawyers may need to examine technical documents, product testing, manufacturing information, company communications, and other evidence to determine what the manufacturer knew and when it knew it.
Can You Sue If the Product Was Recalled?
A product recall can be important evidence, but a recall does not automatically establish liability or guarantee compensation.
If a product was recalled after you were injured, preserve the recall notice and information identifying the specific product, model, serial number, or lot number when available. The timing of the recall and the reason for it may become relevant to your case.
Similarly, a manufacturer does not necessarily avoid responsibility simply because a product was not recalled. A dangerous condition may become known through consumer complaints, internal testing, expert analysis, or other evidence.
What Compensation May Be Available?
If a product liability claim is successful, compensation may depend on the nature and severity of the injury and the facts of the case.
Potential damages can include:
- Medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Physical pain
- Emotional distress
- Permanent impairment
- Other losses related to the injury
In some circumstances, punitive damages may also be available. The types and amount of compensation depend on applicable law and the specific facts of the claim.
What Should You Do After a Dangerous Product Injury?
After receiving necessary medical attention, take steps to protect potential evidence. Keep the product, packaging, receipts, instructions, and other related materials in a safe place.
Avoid modifying, repairing, or discarding the product. If possible, photograph the product and the circumstances surrounding the incident.
You should also avoid making detailed statements about fault to the manufacturer, insurance company, or other parties before understanding your legal rights. Product liability cases can involve manufacturers, distributors, retailers, and other entities, so determining who may be legally responsible can require a detailed investigation.
Time can also matter. Legal deadlines vary depending on the jurisdiction and circumstances, so waiting too long to investigate an injury may affect your ability to pursue a claim.
How Can a Product Liability Lawyer Help?
Dangerous product litigation can involve technical evidence, corporate records, expert witnesses, medical evidence, and complicated legal issues. An experienced trial lawyer can investigate how the product caused the injury and identify potentially responsible parties.
Harrison Davis Morrison Jones represents clients in product liability matters and has experience handling complex litigation involving dangerous products, defective medical devices, pharmaceuticals, automobiles, machinery, and other products. The firm’s attorneys also handle large-scale litigation and cases involving injuries or deaths allegedly caused by defective products.
If you or a family member has been injured by a dangerous product, obtaining legal advice early can help you understand your potential options and preserve important evidence.
Frequently Asked Questions
1. Can I sue a manufacturer if I did not buy the product?
Potentially. Product liability laws can allow injured people to pursue claims even when they did not personally purchase the product. The specific requirements depend on the facts and applicable state law.
2. Do I need to prove the manufacturer was negligent?
Not necessarily. Product liability law can involve different legal theories, including defective design, manufacturing defects, and failure to warn. The requirements for proving each type of claim vary.
3. What if the dangerous product was used incorrectly?
It depends on how the product was used and whether that use was reasonably foreseeable. Improper or unforeseeable use can affect a claim, but it does not automatically eliminate potential liability in every situation.
4. Can a defective medical device result in a lawsuit?
Yes, potentially. Defective medical devices can be the subject of product liability litigation when an unsafe device causes injury. Harrison Davis Morrison Jones specifically handles defective medical device cases.
5. How long do I have to file a dangerous product lawsuit?
The deadline depends on the applicable law, the type of claim, where the injury occurred, and other circumstances. Because missing a filing deadline can affect your legal rights, it is important to discuss a potential claim with an attorney promptly.