Product Liability Lawsuit

Unsafe products cause injuries every day and often without warning. Manufacturers have a legal duty to design and make products that are safe and effective when used as intended, and to warn of foreseeable dangers. Unfortunately, manufacturers often put products on the market without adequate product safety testing. If you or your loved one has been injured by a defective product, you may have a legal right to recover compensation for your injuries. You should not bear the cost of someone else’s negligence.

At Bubalo Law PLC, our nationally recognized product liability attorneys can pursue the compensation you need to rebuild your life and move forward after a serious injury. We have handled a wide range of product liability cases and we’ve helped people throughout the country secure fair and just compensation for their injuries. We have the resources to tackle these complex cases and the determination to follow the investigation wherever it leads. If you’ve been injured by a faulty product, a dangerous product attorney can review your situation and discuss whether you have a valid injury claim.

If you’ve been injured by an unsafe product and you have questions about what recourse you have, contact Bubalo Law PLC for a free consultation. Call 866-870-2489 or contact us online today.

Product liability claims are challenging to investigate and prove. Generally speaking, you will need to show:

  • You were injured while using the product as intended;
  • The product had a defect in design, manufacturing, or lacked adequate warning of foreseeable hazards associated with using it; and
  • That defect caused your injury.

Each element of the case will require documentation.  Our experienced product liability attorneys will use the following steps to build your case:

  • Speak with you. The process begins with a discussion to understand what happened, how you were using the product, and how you were injured. We’ll discuss the nature of your injuries, ask how those were treated, and how they may affect you in the future. As the victim, your statements will form the bedrock of your case.
  • Gather information about the accident. Attorneys will make photos of where the accident happened including evidence of any damage that happened to the surroundings. Burns, cuts, electrical damage and any other physical evidence should be photographed and documented. We’ll also speak with witnesses who were present at the time of the accident and get their statements.
  • Document injuries. Our attorneys will review your medical records. These records will tell a story about the harm caused by the unsafe product and the effect of the injury on your life.
  • Get the product from you. If you are injured by a faulty product, it is important to keep it secure after the accident. Don’t tamper with it, and don’t take it apart. If there is any evidence that the product has been tampered with or modified, the manufacturer may claim that it is not liable for any injuries caused. In most cases, attorneys will take the product for review.
  • Arrange for expert review. Many product designs are incredibly complex. Your attorney may hire a product expert to examine the faulty product to determine how it failed and caused your injury. The expert will try to determine if the product has a defective design that could pose a risk to others or if there was a manufacturing defect.

The investigation is the first step to building a successful product liability claim. After the investigation is completed, our attorneys will begin any legal filings, send claims to manufacturers and insurers, and handle any negotiations. If the case needs to go to trial, our experienced trial attorneys will be prepared to present your case in court.

Product liability claims may involve many types of compensation. These include economic damages (such as medical bills and lost income), non-economic damages (such as pain and suffering), and in some cases, punitive damages may be available. Some of the most common types of compensation are:

  • Medical bills. Hospital bills and doctor bills can mount up after a serious injury—even if you have insurance. The costs of surgery, emergency treatment, follow-up doctor appointments, and rehabilitation can eat up your savings in no time at all. When a personal injury requires short- or long-term treatment, you may be entitled to compensation for the bills you’ve incurred as a result of the product.
  • Lost income and reduced earning capacity. If an injury caused by a faulty product puts you out of work, you may be able to claim compensation for your lost income and the vacation and sick leave you had to use up. In some cases, the effects of an injury can be more severe and long-lasting. If you are out of work and your future employment prospects are harmed, you may be entitled to recover lost income and reduced earning capacity in the future.
  • Property damage and losses. When a faulty product damages or destroys your property, you are entitled to compensation to replace or repair your damaged property.
  • Pain and suffering. When a product fails, it can cause injuries that extend into the future. The pain may be physical or it may be psychological. Physical pain can follow you day after day, while psychological problems such as anxiety, insomnia, and other problems can reduce the quality of your life. If you are suffering ongoing pain or have suffered a reduced quality of life due to your injuries, you may be able to obtain compensation.
  • Punitive damages. Punitive damages may be available when the responsible parties’ conduct is cruel, fraudulent, or malicious. For example, if a manufacturer knew that its product had a design flaw that made it unsafe, but hid the flaw and failed to warn consumers, causing people to be killed or seriously injured, punitive damages might be appropriate against the manufacturer. Punitive damages are intended to punish the wrongdoer and make it clear to others that this outrageous behavior shall not be tolerated. Punitive damages are only awarded in special cases. An attorney can help you determine if they may be available.

The types and amounts of compensation available will depend upon the specific facts of your case. A product liability attorney will review your claim and help you determine the best way to recover.

Some of the most common product liability claims involve:

  • Dangerous prescription drugs. Prescription drugs are subject to stringent regulation by the U.S. Food and Drug Administration. Before prescription medications are put on the market, the drugs should undergo rigorous testing to determine whether the drug is safe and whether the drug causes harmful side effects. Manufacturers sometimes rush drugs through the approval process without adequate testing. And the dangers of some drugs only become apparent after they have been put on the market and prescribed to a large number of people. If you’ve been injured by a prescription drug, you may be able to bring a product liability claim against the manufacturer.
  • Defective medical devices. We rely on medical devices such as artificial joints, stents, surgical mesh and pacemakers to help us overcome health issues and resume normal lives. When the medical device fails, it can lead to significant harm. Medical device designers, manufacturers, and distributors have a legal responsibility to make products that are safe and to warn of any side effects. When they fail to do so, they may be liable for the harm their devices cause.
  • Power tools. Tool safety is paramount because a power tool can cause a laceration, burns, the loss of a limb or other serious injuries. Manufacturers must prevent safety hazards through design, guards and adequate warnings. Inadequate warnings on power tools can cause serious injuries. Safety harnesses, scaffolding, and other equipment tools can fail, leading to serious injury and death. When the tools and materials you rely on fail and result in injury, you may have a product liability claim.
  • Consumer products. When a company designs or manufactures a product for the home, it should not put the homeowners at risk. Appliances such as irons and hot water heaters should perform as expected. The clothing we wear should be made from safe materials, and the food we eat should be free of dangerous chemicals. If you’ve been injured by any type of consumer product, you may be entitled to compensation for your injuries.
  • Children’s products. We want to protect our children, so we try to give them toys and products that are safe. Unfortunately, some children’s toys and other products can hurt them. For example, children’s furniture that easily tips over if a toddler climbs on it may pose a safety hazard and cause serious injuries. If a faulty product harmed your child, contact an attorney about the next steps you should take.
  • Automotive products. Auto manufacturers have initiated large recalls involving millions of cars and trucks in recent years because of faulty components that put lives at risk and cause serious and fatal accidents. Defective parts such as defective airbags or ignition switches typically are found in certain models and certain model years. But it may take an independent investigation to identify the defective auto part.

Nearly any product may be designed, manufactured, or marketed incorrectly. If you’ve been injured, don’t bear the cost of someone else’s mistake.

In a product liability lawsuit, there are many parties that could be responsible. These include:

The manufacturer

They have the most control over the design and manufacture of the product. Therefore, the manufacturer is generally the defendant in a product liability case. Did the manufacturer provide adequate warning of any foreseeable dangers linked to using the product? It’s important to understand though that the manufacturer may only be one of the responsible parties.

Designers

Designers are expected to design products that meet safety standards and are fit for use in certain tasks. They’re also expected to test the design and make sure it is safe. When the product fails, it may be a fundamental problem with the design. The design of an unsafe product may have been originated by a separate design company that contracted with the manufacturer.

Parts suppliers

Manufacturers rarely produce every component that goes into a product. Instead, a manufacturer typically obtains many key components from other sources. If a faulty part made the product fail and caused your injuries, the part’s supplier might be liable for your injuries.

Distributors and retailers

These parties may have control over the marketing of the product and which problems are disclosed to consumers. When distributors and retailers don’t tell customers about known or foreseeable problems, they may be liable.

There are many parties who may be liable for an unsafe product. Our product liability attorneys will conduct an in-depth investigation to understand what happened and who should be held responsible

Product Liability Statute of Limitations

Each state has specific time limits on filing personal injury claims. The time limits are known as the statute of limitations. A statute of limitations details how long you have to bring a particular claim after an accident. The time limits are designed to keep the court system moving and handling cases as they arise. An attorney can advise you on how long you have to file an injury claim related to an unsafe product.

In many states, you have only one year from the time of the accident to bring a product liability claim.

A product liability investigation and claim preparation can take a significant amount of time. If you were injured by a faulty product, it’s best to contact an attorney as soon as you can.

Everyday products can cause significant injuries. If a faulty product has harmed you or your loved one, the experienced product liability attorneys at Bubalo Law PLC are ready to help. We have years of experience investigating faulty products and fighting for fair compensation for those who have been injured.

We understand how serious injuries can disrupt your life and leave you struggling. You should not have to use up your savings paying hospital bills for an injury caused by a manufacturer’s disregard for safety. Whether the product was a common household item, a tool, an automobile, or any other product, we know how to investigate dangerous products and develop strong claims for compensation. We will listen to your concerns and answer your questions during a free consultation. If you’ve been injured by a defective product, contact us today.

For a free consultation, call 866-870-2489 or use our online contact options.

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