Product Liability Law: Protecting Consumers From Dangerous, Defective Products

You may have seen ads in stores or on television recalling dangerous products, offering consumers who purchased those products a refund, replacement, or repair. Many times, these companies are recalling products out of a robust concern about safety, having discovered only a tiny potential danger for some consumers.

Not all businesses are so public-minded.

Some manufacturers rush products to market in order to maximize their profits. They may overlook certain glitches or omit vital safety features in favor of cost-saving or time-saving measures. Shortcomings in the testing or inspection phase may allow dangerous products to slip through the cracks and find their way out into the world…and into your home.

Dangerous and Defective Products Affect Everyone

Everything we purchase today is held to a certain safety standard. From the food we eat to the cars we drive, we rest easily at night knowing that these products will not cause us harm when used properly.

When products malfunction, lack proper safety features or warnings, or have a defective design, consumers are usually the first to find out, and often pay a steep price. Defective products have injured or killed. Sometimes these incidents seem like bad luck, but all too often manufacturers willfully or negligently allowed the product to enter the market in its defective state.

Common defective products that have caused injury, illness, or even death include:

  • Vehicles
  • Auto parts and brakes
  • Medical devices, such as implants or surgical mesh
  • Power tools and equipment
  • Children’s toys and accessories
  • Pharmaceuticals

If you or someone you love has been injured or killed by a dangerous, defective product, you may be able to recover compensation.

A Special Note About Health Care Products

The U.S. Food and Drug Administration is required to approve drugs and medical devices before they hit the market, but the pharmaceutical industry is often in a rush to cash in, putting consumers at risk. In addition, under the law the FDA faces strict limits on its power to forbid the marketing of some products or to force recalls of others. If you have been hurt by a dangerous drug that was recalled, you deserve compensation for your injuries.

Filing a Successful Defective Product Liability Claim

Filing a product liability claim can be tricky, but an experienced product liability lawyer can help you craft a case that proves the following elements:

  • The product was defective. There are three primary liabilities that are considered when determining a dangerous or defective product. You will asked to prove that the product’s design was faulty or dangerous, that there were manufacturing errors that led to defects, or that the product failed to warn you of its dangerous qualities.
  • You were injured while using the product in the intended manner. In defective products claims, you will have to prove that you were injured or suffered a loss (such as property damage) while using the product in a reasonable manner in accordance with its intended use.
  • The defect in the product caused your injury. You will also be burdened with proving that your injuries are a direct result of the product’s defect.

While these elements seem fairly straightforward, manufacturers have their own legal teams that will argue your injuries of the result of something—anything—other than the defect in their product. You will need the experience and resources of a skilled products liability lawyer to ensure that your case against the product’s manufacturer remains strong and effective.

Hiring a Tough, Experienced Products Liability Lawyer to Recover Your Damages

From minor injuries to those that are fatal, the product liability attorneys at Kennedy Hodges, L.L.P., have recovered both economic and non-economic damages for their clients that have been hurt by defective products. If you or someone that you love was injured by a product that was dangerous, speak with one of our attorneys to learn about the damages you may be able to receive. Call us today for a free, no-obligation consultation to discuss your case with us at 202-759-5899.