Product Liability
Product
liability law provides
compensation to
consumers and bystanders
injured by a dangerous
or defective product. If
a product is defective
and causes an injury or
death, the
manufacturer(s) can be
sued for damages. The
injured person can prove
a product was defective
in several ways. A
product might have a
manufacturing defect,
such as a bad weld that
causes failure, or it
might be defective
because of a poor,
unsafe design
Some examples of
defective products which
have caused injury are:
breast implants, Fen-Phen
(Redux), the Dalkon
shield (I.U.D.),
Chevrolet trucks (fuel
systems), Ford
automobiles (exploding
fuel tank), airbags
(children injured or
killed), and many kinds
of farm machinery.
Damages that may be
recovered include:
medical expenses, lost
wages, pain, suffering,
loss of enjoyment of
life, disfigurement and
permanent disability. An
uninjured spouse can
recover for loss of
services, companionship
and consortium.
A sample of products
that have been found
defective and
unreasonably dangerous
include: drain cleaners,
hay balers (round), fire
detectors, gas hot water
heaters, automobiles
(seat belts,
transmissions, airbags,
roll-over crashes,
etc.), airplanes
(engines, wings, etc.),
manure spreaders,
tractors, grain augers,
gas heaters, flammable
fabrics, kerosene
heaters, three- and
four-wheel ATVs, punch
presses, elevators,
drugs, trucks, and many,
many other products.
The deadline for most
dangerous product
(product liability)
claims is approximately
two (2) years from the
date of the injury
caused by the product.
It should be noted,
however, that there are
exceptions to this rule-
for example, claims
against the City and
County and various
Counties must be filed
with the appropriate
agency within six (6)
months of the date of
the accident. There are
also some other
exceptions which may
provide some additional
time in certain cases,
since some dangerous
products may cause
injuries which do not
appear for years after
exposure to the product
and other dangerous
products may cause
injuries which are not
connected to the product
by medical science for
years after the
exposure. Generally the
date of the injury is
not deemed to have
occurred until (1)
exposure to the product,
(2) injury from the
product and (3) reason
to know of the
connection between the
exposure and the injury-
have all occurred. In
some cases where a
manufacturer has
deliberately misled the
public as to the safety
of its product, the
deadline for filing the
product liability -
defective product claim
may be longer still. You
must file your claims in
court prior to the
expiration of such
deadlines, or your
claims may be
lostregardless of their
merit. To be wise it is
recommended that you
contact a product
liability attorney or
defective product lawyer
immediately after an
accident involving a
product that gives rise
to injuries occurs. If
you have suffered a
serious injury and
believe that the injury
resulted from a
defective product, call
us and let us provide
you with a free
consultation. We can
usually tell from an
initial interview if
your claim is worth
pursuing.
We can assist you with
every aspect of your
case, including the
selection of competent,
experienced, trial
attorneys to help us
when and if necessary.
Personal Injuries
Attorneys USA is a
contingency-based law
firm, which brings your
legal cost to FREE! Our
goal is to help you in
your case. Time is
valuable, and when in
need, nothing is more
valuable than finding
the right legal advice
pertaining to your case.
We are a law firm. We
help you, the consumer,
understand your case,
and most importantly
know your rights. Please
call me on my cell phone
right now at 800
933-6529 or fill out the
form and I will contact
you promptly.
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