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Personal Injury
Personal Injury Law- Our firm represents
individuals involved in controversies alleging a wrong
or damage to another's person, rights, reputation, or
property resulting from events or activities such as:
Personal Injury, General - An Overview
Personal injury can result from the use of
dangerous or defective products. "Products liability"
law refers to the rules governing a manufacturer or
other provider's liability for products that harm consumers
and workers. The laws in this area are based on the
idea that manufacturers, dealers, and other commercial
interests are best-placed to prevent harm from defective
or dangerous products. Companies that allow dangerous
items into the marketplace can be held accountable for
resulting injuries. An experienced and knowledgeable
personal injury lawyer can advise injured persons on
whether they may have a claim against a product manufacturer
or seller and can help them recover the damages to which
they are legally entitled.
The Victim's Burden
Historically, consumers dealt with injuries from bad
products on their own with no recourse to the maker
or seller. Although "caveat emptor" (let the
buyer beware) is no longer the standard, victims of
bad products still need to protect their rights. In
products liability lawsuits, the victim has to show
that there was a product defect or that product labeling
or warnings were inadequate. The victim must also prove
that the product caused harm while being used as intended;
alternatively, the victim must show that the manufacturer
should have anticipated the way the product actually
was used (for example, a manufacturer should anticipate
that a steak knife will be used not only to cut steak,
but also to cut open packages).
Manufacturing defects are a common basis for products
liability cases. If one consumer's propane barbeque
blows up when first lit, it's pretty clear that there
is a manufacturing defect in the product. A design-based
case could arise if an entire run of barbeques had the
same problem because of a flaw in the design of the
item. In either case, the victim needs to show that
the defect existed when it came into his or her hands
and that defect caused the injuries in question.
Almost every product might be the subject of a products
liability case, but some particular items seem to come
up over and over again. Chemicals and other materials,
including asbestos, are commonly blamed for worker injuries.
Firearm manufacturers have faced lawsuits by victims
of faulty weapons and of shootings. Machinery and tools
are frequent subjects (for example, when a homeowner
is injured by an automatic garage door or a snowblower).
Medical products and devices may cause problems, and
"lemon" cars have been the subject of products
liability suits. One of the most common targets is tobacco,
under a variety of legal theories; more recently, fast
food has come under scrutiny.
As in other personal injury cases, if a products liability
victim proves his or her case, the manufacturer or other
responsible party will pay damages, which may include:
- Compensation for injuries
or deaths
- Medical expenses (past and future)
- Property damage
- Lost wages
- Pain and suffering
- Other financial awards, including compensation to
family members.
Conclusion
If you have been injured by a product, you need a skilled
personal injury and products liability law attorney
to advise you toward the most favorable outcome. If
you or someone you know has suffered personal injuries
as a result of using a dangerous or defective product,
an experienced and knowledgeable personal injury lawyer
can advise you on whether you may have a claim against
the product manufacturer or seller and can help you
receive the maximum damages recoverable under the applicable
law.
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