Product Liability Lawsuits - Guardian Legal Network

Defective Product Lawsuit

Products on the market are expected to work without any problems, however this is not always the case. Sometimes products with dangerous defects are put on the market, and these defects do not usually show up until someone like you is hurt.

When a defective product injures a consumer, various parties may be held liable for the damages they have suffered. Liability in these is primarily determined by where in the U.S. the case is filed. The defective product also moves through the chain of distribution before it reaches a consumer. Products that companies may be held liable for range from defective airbags to toxic chemicals.

If you or a family member has suffered an injury from a defective product, you can take legal action and claim financial compensation. Before filing a lawsuit, you will need a skilled product liability lawyer who can guide you through the complex legal process. To connect with a legal professional who can assist you, contact The Guardian Legal Network. Fill out an online contact form or give us a call at (855)-734-0374. There is absolutely no obligation and no charge.

What is Product Liability?

Product liability is a specific type of personal injury case in which a defective product causes harm to a person. Each party in the chain of distribution (manufacturers, distributors, and sellers) has the responsibility to provide safe products, and each party can be held legally accountable for a defective product. The fact that there are no federal product liability laws means each state has laws in place that determine how these cases are handled.

Types of Product Defects

When someone is injured by a defective product, they may have legal grounds for filing a lawsuit. There are three primary types of product defects: manufacturing defects, design defects, and marketing defects.

Manufacturing Defect – An error during assembly causes these defects that were never intended to become a part of the product. According to the theory of strict liability, a product’s manufacturer is still liable for defects that occur during the manufacturing process even if they followed all directions correctly.

Design Defect – When there is a flaw in a product’s blueprint causing the product to be unreasonably dangerous, this is called a design defect. The defect will typically be found in each copy of this product.

In determining if a design defect exists, three questions are posed:

Was the design unreasonably dangerous before the product’s production?
Was it plausible to suspect the product’s design could potentially harm someone?
Was it possible for the manufacturer to have used a better design that would not have changed the product’s purpose?

Marketing Defect – These types of defects include the warnings and instructions that come with a product. Failing to provide clear instructions or warning labels on a product can result in the manufacturer being held liable if the product injures someone.

Types of Product Marketing Defects

Failure to Warn

If a manufacturer does not warn people of a product’s dangerous risks, a product liability lawsuit may be filed. Your attorney can show that your injury could have been prevented if the product included proper instructions or warnings.

Warning Labels

The organization responsible for overseeing and maintaining regulations regarding product safety labels and symbols is the American National Standards Institute (ANSI). The institution did a major overhaul in 2002 on its guidelines for warning labels. The updated standards promote easier-to-read signs, give more detailed explanations, and include pictures that show safety risks.

The ANSI believes a warning label needs to:

Inform consumers of existing hazards
Inform consumers of the hazard’s effects
Inform consumers of a particular product’s risk severity
Inform consumers on how to avoid hazards

Every warning should be close to whichever part of the product is dangerous and be highly visible. Each label should last through the entire duration of the product’s expected lifespan. The labels should also be made to withstand the typical environment in which the product will be found.

ANSI developed a list of three keywords, then color-coded each word to make it easy to identify how dangerous a product is. The color-coded keywords are as follows:

CAUTION (yellow) – potentially dangerous; could result in slight or moderate injury
WARNING (orange) – potentially dangerous; could result in severe injury or death
DANGER (red) – Impending dangerous circumstance; will result in serious injury or death

Types of Product Liability Lawsuits

Strict Liability – Product liability cases are generally pursued with the theory of strict liability. Your attorney must prove that a product was defective and you were injured as a result. If a defect does exist, the manufacturer could be held strictly liable for all resulting damages, whether or not the manufacturer used extreme care and caution during the product’s production.
Negligence – Your attorney must demonstrate that carelessness was involved in designing or manufacturing the product, leading to your injuries. Your lawsuit must also show that the manufacturer had a duty to create a safe product. Next, your attorney must demonstrate that the manufacturer failed to uphold its duty to create a safe product. This is also known as a “breach of duty” and can be shown if the manufacturer did know or should have known about the product’s defect. Lastly, your attorney must show that the defective product was the direct cause of your injuries.

Two types of warranties are involved whenever you make a purchase – the implied warranty and the express warranty. Here’s a brief description of each:

Implied Warranty – Manufacturer’s implied promise that the product won’t cause any harm when used as intended
Express Warranty – Representations made by the retailer or manufacturer about the product’s safety and the product itself

Who is Liable in a Product Liability Lawsuit?

Each case has its own specifics, but you may pursue a legal claim for compensation from various liable parties, including the product manufacturer, wholesalers, and retailers. It isn’t necessary to pick one liable party. Instead, all parties in the chain of distribution for the defective product can be included as defendants in a victim’s product liability lawsuit.

Manufacturer – Whether it’s a large company or a one-man production based in a garage, all parties involved in the product’s design or marketing are included. The manufacturer of a single defective part, as well as the manufacturer of the entire product, can be named as defendants.
Wholesaler – This is the middleman who links the manufacturer with the retailer.
Retailer – Retailers advertise items for sale. In doing so, the implication is that the item is safe for use. If a defective product is purchased, a consumer has the right to hold the seller liable for damages. Even though the retailer played no part in designing or manufacturing, the retailer is also liable because they are in the chain of distribution.

How Do You Win a Product Liability Lawsuit?

To have a successful product liability lawsuit, your case must show the following elements:

The product is defective
You suffered an injury and losses
The defective product was the actual and proximate cause of injury
The product was used as intended

Product Liability Verdicts and Settlements

In July 2018, Johnson & Johnson was ordered to pay $4.7 billion to 22 women and their families after a jury found its talcum-based baby powder products caused the women to develop ovarian cancer.
In August 2018, a state court jury in California awarded DeWayne Johnson $289 million in compensatory and punitive damages after he claimed Roundup was the cause of his non-Hodgkin’s lymphoma. The amount was later reduced to $78 million.
In March 2019, Edwin Hardeman was awarded $80 million in damages by a jury after he claimed Roundup was the cause of his non-Hodgkin’s lymphoma.
In May 2019, a couple who were both landscapers and used Roundup for residential landscaping was awarded $2 billion after they claimed Roundup was the cause of their non-Hodgkin’s lymphoma.
In June 2020, Monsanto announced a $10 billion settlement agreement to address current and future Roundup lawsuits. The settlement agreement negotiations involved 25 different leading law firms, whose clients will receive varying settlement amounts.
In October 2020, Johnson & Johnson agreed to pay over $100 million to resolve over 1,000 baby powder lawsuits. The lawsuit claimed that the talcum powder-based product caused victims to develop cancer.
In January 2021, Dupont Co. and Chemours reached an agreement to pay $83 million to resolve lawsuits regarding its PFAS chemicals. These harmful chemicals have been linked to cancer and are used in firefighting foam.

Find a Product Liability Lawyer Today

The physical, emotional, and financial damages experienced by victims injured from defective products should not go uncompensated. If you or someone you love has been injured by a defective product, find a legal team ready to help. The Guardian Legal Network connects victims with qualified product liability lawyers.

Fill out an online contact form or call (855)-734-0374 today to find professional legal representation.