Your Product Liability Attorneys
Each year, countless people are hurt and even killed by unknowingly using defective, faulty and dangerous products. Whether it was because of a design, deceptive marketing, or a manufacturing defect, one fact remains: the manufacturing company is responsible for warning the consumer about the risks associated with using the product, or for keeping the product from getting into their hands altogether.
When a company fails to uphold their duty to selling safe products, the consequences for consumers can be life-altering.
If you’ve been injured or know someone who has suffered by using a defective or dangerous product, know that it is not your fault. Learning about your rights is a critical first step following an injury, and we can help.
This page will help hopefully answer several of the questions you have. If you don’t find what you are looking for here, please don’t hesitate to contact us. Each individual’s case is unique, and we answer questions for free, with no obligation to hire us should you wish to file a claim. If at any time you would like to set up a consultation with one of our senior lawyers, simply give us a call at (949)-640-8222.
“They are friendly and honest, and fought for what they believed was best in our interest.”
– Geeh D.
Over the past 30 years, we have helped thousands of families who have been wronged and/or seriously hurt in situations just like yours. We take care of our clients, and our team will do all in our power to secure an improved quality of life for you and your family with a convenient, hassle-free process. This might be your first legal process and it is normal to feel uncertain.
What is Product Liability?
Product liability law allows a consumer to seek compensation for injury or property damage that happened as a result of using a defective product. This can include everything from car airbags to faulty machinery and prescription drugs that fail to warn the user about their side effects. A product is considered defective if it is unreasonably dangerous when it is used as intended. If you’ve been injured when using a product, read on to know what three things are necessary to prove with a product liability claim.
Different Types of Defects
There are three main types of product liability claims:
- Design Defect
- Marketing Defect
- Manufacturing Defect
At Hodes Milman Liebeck, we have experience working with clients who have been injured by all three types of defects. Whichever your experience may be, you will receive personalized assistance for your individual needs.
A design defect refers to a product that is deemed “dangerous” or “hazardous” because of its inadequate design. In most cases, it isn’t just one product that has the defect, but an entire line of products – such as a particular make and model of car with an airbag that deploys on its own. Though the products in question are usually made according to the manufacturers’ needs and specifications, a defect is still present.
Examples of a design defect can include:
- An unstable product, such as a chair that easily collapses
- A child’s toy that contains small parts which could be a choking hazard
- Cars plagued with mechanical defects, such as poor safety systems, suspension systems, or if they are equipped with defective tires.
A marketing defect occurs when a manufacturer fails to warn consumers about a product’s hazardous characteristics. This type of defect is commonly associated with pharmaceutical medications, commonly referred to as “dangerous drugs.” When the manufacturer fails to warn the consumer about special precautions before consuming the drug, like possible side effects, or intentionally hides evidence that the drug can have these effects, these types of cases often become mass torts.
Mass torts are similar to class actions in that many people have been affected, however each case is brought along as an individual matters. Examples of these cases include the following current litigation:
Taxotere is an anti-cancer drug, however it was pushed to doctors by the pharmaceutical company stating it was “more effective” than other drugs. In fact, the drug itself was more toxic and should have been reserved for those with advanced stages of cancer so doctors could have used alternate, less toxic methods of treatment. The toxins had severe side effects, including alopecia, resulting in thousands of women to be near or permanently bald and filing suit again the manufacture.
Examples of a marketing defect can include:
- A medication that does not include a warning for when consumed with other substances
- A child’s toy that fails to mention it contains lead paint
- A drug prescribed “off-label” or in other words to be prescribed for an ailment for which it was not intended.
A manufacturing defect refers to an individually damaged product. The errors in the product are often a reflection of the manufacturing process, in which the item becomes flawed. The damaged, or injury-causing product, is then placed onto the shelf and sold with other, working items. In this type of claim, it will be necessary to prove the injury was a direct result of the manufacturing defect.
Examples of a manufacturing defect can include:
- The wrong screws or bolts are used to hold an item together
- A car is manufactured without proper brake pads or safety systems
- A batch of medication containing a poisonous substance is distributed
There are common products that have been found to be defective over time, and each of them fall into one of the categories listed above. For many products, our attorneys have personal experience in litigations, including:
- Automotive Defects
- Electronic Cigarette (e-Cig)
- Medical devices, including hip replacements and pain pumps
- Anti-psychotics drugs including Risperdal
- Blood thinning drugs such as Xarelto and Pradaxa
Product Liability Laws
Before you make the decision to file a product liability claim, you may want to know about the different product liability laws in your state. While it is your attorney’s job to thoroughly know the law and explain what options you have, as understanding a few basic factors will help you know what to expect when you first meet with your lawyer.
- You option to file a claim can be from one to four years maximum, with most states only allowing for two years.
- You will need proof of purchase or prescription of your product.
- You were properly using the product as directed
- You reported or sought medical attention so an authorized medical practitioner can document any injuries and why it occurred.
While this basic information can help you better understand your claim, product liability law is complex. Because of this, it is highly recommended you speak with an attorney.
Why Contact a Defective Product Liability Attorney
One of the best reasons is that your consultation is free. You can ask specific questions and receive more accurate answers.
Should your case be accepted, nearly all of our cases are on a contingency-fee which means you have zero out of pocket costs while our team handles the paperwork, phone calls, medical records, and other costs.
You only pay the contingency fee if we win your case! If your case is not successful, you do not owe us for any of the investigative or litigation expenses incurred, which can be substantial. These are our expenses.
Most importantly, pursuing a product liability claim could help your family with medical costs, lost wages or other practical means of healing for you. While compensation won’t undo the injustice and suffering you’ve endured, a monetary settlement can help ease the financial burden.
You shouldn’t have to pay for someone else’s carelessness. At Hodes Milman Liebeck, we offer more than our sincerest apologies – we offer you our assistance. There is someone who will fight for your best, and help you move on with your life – that is us!
“If someone were looking for a lawyer/law firm to represent them like a real person and not just a dollar sign, look no further.
– Chris G.
Don’t wait – give us a call today at (949)-640-8222 for a no-cost, no-obligation consultation. We are ready to help you move on with your life.
Experience You Can Trust
For more than 30 years, Hodes Milman Liebeck has provided families and individuals experienced, trusted and compassionate legal representation when they've been injured by another's carelessness or negligence. As a team of personal injury and product liability attorneys, Hodes Milman Liebeck provides focused expertise to build a strategic case against negligent, injurious and willful offenders.
Featured in the News
For their support of the Veterans Legal Institute, Managing Partners Jeff Milman, Dan Hodes and Kevin Liebeck as well as Associate Gabe Houston received special recognition from the State of California, Congress and the United States. The firm has fought relentlessly to protect those who have served the country in matters involving medical malpractice, medical negligence and federal... Read More