Product Liability

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.

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 a consultation with one of our product liability and mass tort 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 potentially similar to 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 case and it is normal to have some uncertainties but as your advocates, we can lead the way.

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 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 medical device that is not properly tested for us in the public resulting in further injuries, death, or painful revision surgery
• A child’s toy that contains small parts and could potentially 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, or may have the product prescribed “off-label” meaning the drug is used for a reason it was not approved for by the Food and Drug Administration. 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 to the courts as an individual matter. Examples of these cases include the following current litigation:

Taxotere

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 against the manufacturer.

Additional Examples of Mass Torts Include But Are Not Limited To:

• Shoulder pain pumps
• Metal-on-metal hip implants, including DePuy, Stryker, Zimmer and others
• Artificial knee implants

Examples of a marketing defect can include:

• A medication that does not include a warning for when it’s taken 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 on 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 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.

• Your option to file a claim can be from one to four years, with most states only allowing for two years.
• You will likely 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?

1. One of the best reasons is that your consultation is free.
2. You can ask specific questions and receive more accurate answers.
3. 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 and time-consuming elements to build your case.
4. 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.
5. 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 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. This should not have happened and we when you are ready to take the steps towards a resolution we are here to be your advocates.