Product Liability Attorney
Our product liability attorneys can help you navigate the complex legal landscape of product liability and product liability litigation. Our effective product liability lawyers regularly defend plaintiffs in various types of product liability lawsuit cases against distributors and manufacturers.
If you need assistance with your business please do not hesitate to reach out to us.
Our Product Liability Lawyers are Here to Help
When addressing defective product liability cases, you need the expertise of a lawyer who is not just familiar with the law but a lawyer that is also compassionate to your circumstances. With our law firm’s impressive track record in product liability cases, unwavering commitment to justice, and deep empathy for victims, the product liability attorneys at the Law Office of Mohaimina Haque, PLLC stand as the ideal advocate for those injured by defective products.
Product liability claims work on the principle that manufacturers, distributors, and retailers should be held accountable for any harm or injury their products have caused to consumers. When a product is defective due to poor design, manufacturing errors, or insufficient warnings, the injured party can initiate a lawsuit based on negligence, strict liability, or breach of warranty. These product liability attorneys initiate lawsuits on behalf of the plaintiff and aim to compensate the injured party for any physical, emotional, and financial hardship they’ve endured due to the defective product.
However, these cases can be complex and require a strong understanding of the law, extensive research, and thorough preparation. Don’t let a defective product disrupt your life without seeking justice.
Get in touch today for a free consultation and take your first step towards justice. At the Law Office of Mohaimina Haque, PLLC, you are not just a client but a partner in pursuing justice.
Types of Products in Liability Cases Handled by Our Law Office
At the Law Office of Mohaimina Haque, PLLC our product liability attorneys pull from a broad knowledge base and have experience in a wide variety of product liability cases. Our law firm is dedicated to providing exceptional legal representation and personal attention to each case we take on. Our law firm handles cases that include, but are not limited to, the following types of product liability cases:
- Defective Medical Devices: This includes cases involving harm caused by faulty medical equipment, such as hip implants, pacemakers, surgical mesh, and other devices.
- Dangerous Pharmaceuticals: Cases involving harmful side effects or complications arising from prescription medications, over-the-counter drugs, or improperly labeled drugs.
- Faulty Auto Parts: This encompasses product liability cases involving defective car parts such as faulty brakes, airbags, ignition switches, tires, and more, which can lead to serious accidents and injuries.
- Defective Children’s Products: This includes cases involving harm caused by unsafe toys, defective car seats, faulty cribs, and other children’s products.
- Faulty Household Appliances: These cases involve injuries caused by defective appliances such as stoves, ovens, heaters, and other home products.
- Dangerous Industrial Equipment: This includes cases involving harm caused by defective or unsafe industrial equipment and machinery used in construction, factories, and other workplaces.
- Defective Consumer Electronics: This involves injuries caused by faulty consumer electronics like mobile phones, laptops, or home entertainment systems.
- Defective Personal Care Products: This includes cases involving harm caused by faulty or harmful cosmetics, hair care, and skincare products, including those causing allergic reactions, burns, or other injuries.
- Hazardous Food and Beverages: Cases involving harm from contaminated or mislabeled food and drink products, leading to food poisoning or allergic reactions.
- Unsafe Fitness Equipment: This covers injuries caused by faulty gym equipment, such as treadmills, weights, or resistance bands.
- Faulty Outdoor and Recreational Equipment: These cases involve injuries caused by defective sports equipment, bicycles, camping gear, or pool and garden equipment.
- Hazardous Cleaning Products: This includes cases where cleaning products, detergents, or sanitizing agents have caused harm due to faulty packaging, improper labeling, or harmful ingredients.
- Faulty Furniture and Home Décor: These cases involve injuries caused by unstable or hazardous furniture, light fixtures, or other home décor items.
A Brief Overview of Product Liability Litigation for Plaintiffs
In the realm of product liability litigation, plaintiffs are individuals who have been injured or harmed due to a defective product or rather unsafe product. These defects can occur at any stage of the product’s life cycle – from design and manufacturing to marketing – and anyone involved in the process, including manufacturers, suppliers, and retailers, can be held accountable for the damages caused by these defects.
Product liability laws are designed to protect consumers from the potentially devastating impacts of defective products. The fundamental principle underlying these laws is that companies are responsible for ensuring their products’ safety. This responsibility extends to all aspects of the product – from its physical components and overall design to the instructions and warnings that accompany it.
What Happens When a Person Is Injured From Product Defects
When a product fails in this regard and causes harm, the injured party can initiate a product liability lawsuit against the responsible party or parties. These lawsuits can be based on different theories of liability, such as negligence, strict liability, and breach of warranty, depending on the case’s specific circumstances.
In product liability litigation, the plaintiff seeks compensation for injuries and damages caused by the defective product. This may include medical expenses, lost wages, pain and suffering, and other related costs.
Manufacturing, Design, and Marketing Defects
Product liability lawsuits often revolve around defects that occur at various stages of a product’s life cycle, namely during manufacturing, design, and marketing. Understanding these defects can help individuals who have been injured by defective products better grasp the nature of their potential legal claim. Design and manufacturing defects are the two primary defect categories under United States federal law.
A manufacturing defect occurs when a product departs from its intended design due to some error or mishap during the manufacturing process. These defects usually affect a small percentage of a product’s total production run, as they’re often due to isolated mistakes in assembly or the use of substandard materials.
For instance, a car model intended to have four brake pads could leave the factory with only three due to an assembly line error. This would be a manufacturing defect, as the car does not conform to the intended design. If an individual suffers an injury due to this defect, they may be eligible to file a product liability lawsuit.
Design defects are inherent flaws in a product’s design that make it unreasonably dangerous, even when manufactured correctly according to specifications. Unlike manufacturing defects, which affect a small batch of products, design defects typically affect the entire line of products.
An example of a design defect could be a line of chairs designed with a structural weakness that makes them prone to collapse under normal use. If a consumer is injured as a result of the chair collapsing, they could have grounds for a product liability lawsuit based on a design defect.
Marketing defects, often referred to as “failure to warn” defects, involve the ways in which a product is presented and sold to the public. This includes insufficient instructions, inadequate safety warnings, or misleading advertising. If a company does not adequately inform consumers about a product’s potential risks or fails to provide clear usage instructions, a consumer is injured. As a result, the company could be held liable for a marketing defect.
Failure to Warn
The “Failure to Warn” principle holds that companies are responsible for adequately informing consumers about the potential risks associated with using their products. This responsibility extends beyond ensuring that the product is safe to use and includes providing comprehensive instructions and warnings about potential hazards that could arise from misuse or even regular use.
If a company fails to provide sufficient warnings and a consumer suffers injury as a result, the company may be held liable. The “Failure to Warn” principle is intended to empower consumers to make informed decisions about the products they use and protect them from preventable harm.
Warning labels play a crucial role in product safety. They are designed to clearly communicate the risks associated with a product, instructions for safe use, and steps to take in case of an accident. A properly designed warning label is easily noticeable, easy to read, and comprehensible to the average user.
The American National Standards Institute (ANSI) has set forth specific guidelines for warning labels to ensure their effectiveness. According to ANSI Z535.4, a standard for product safety signs and labels, warning labels should contain the following:
- Signal Words: These are attention-getting words such as “Danger,” “Warning,” or “Caution” that communicate the level of hazard.
- Symbols: Pictorials that illustrate the type of hazard, potential consequences, or necessary actions to avoid the hazard.
- Hazard Statements: These clarify the nature of the hazard, potential injury, and how to avoid the hazard.
The ANSI guidelines help ensure warning labels achieve their intended purpose – informing consumers of potential risks and preventing harm.
If a company fails to adhere to these guidelines by not including appropriate warning labels on potentially dangerous products or by using vague or confusing labels, it can lead to product misuse and subsequent consumer injury. In such situations, the injured party may be able to file a product liability claim based on inadequate warning labels.
Such claims can be complicated, requiring deep familiarity with product liability law and ANSI standards. An experienced product liability attorney at the Law Office of Mohaimina Haque, PLLC can provide invaluable guidance and support in these scenarios. With our law firm’s vast experience and deep understanding of product liability law and ANSI guidelines, our attorneys can help you navigate the complex terrain of product liability litigation.
Types of Product Liability Lawsuits
When an individual suffers injury due to a defective product, they may be entitled to pursue a product liability lawsuit. These legal claims fall into three main categories: negligence, strict liability, and breach of warranty. It’s essential for injured parties to understand these categories to properly navigate their path to justice.
In product liability terms, negligence refers to a failure by the manufacturer, distributor, or retailer to exercise appropriate care in the making or selling of a product, leading to consumer harm.
For instance, if a company did not carry out thorough safety checks before releasing a product to the market, and a consumer is harmed. As a result, that company could be held liable for negligence.
To succeed in a product liability claim based on negligence, the injured party (the plaintiff) must prove the following elements:
- Duty of Care: The defendant (the manufacturer, distributor, or retailer) had a duty to ensure the safety of the product. Every party involved in bringing a product to market is generally assumed to owe a duty of care to the consumers.
- Breach of Duty: The defendant breached this duty of care. This could be through actions such as cutting corners during manufacturing, failing to adequately test the product for safety, or neglecting to follow industry standards or regulations.
- Causation: The defendant’s breach of duty directly resulted in the injury. The plaintiff must prove that their injury would not have occurred but for the defendant’s negligence.
- Damages: The plaintiff suffered harm or loss as a result of the injury. This could include physical harm, emotional distress, lost wages, or medical expenses.
Negligence-based product liability claims require careful examination of the processes and procedures employed by the manufacturer, distributor, or retailer. An experienced product liability attorney can help with these claims. A detailed knowledge of industry standards and regulations, as well as a firm grasp of the technical aspects of the product in question, is often necessary to prove negligence.
In the context of product liability law, the principle of strict liability plays a vital role. Unlike other types of liability that require the injured party to prove that the manufacturer or distributor was negligent, strict liability applies regardless of how much care was taken to ensure the product was safe.
The concept of strict liability assigns responsibility to a party for the harm caused by their products, irrespective of whether they exercised due diligence. This means that a company can be held liable if a consumer is harmed by their product, even if they took all reasonable precautions to ensure the product was safe.
This principle can simplify the path to compensation for injured parties as they don’t need to demonstrate negligence. They only need to show that the product was defective and that this defect led to their injury. Strict liability typically applies in cases involving:
Manufacturing Defects: These occur when a product deviates from its intended design due to some error in the manufacturing process, leading to an unsafe product.
Design Defects: These involve a flaw in the product’s design that makes it inherently dangerous, even when manufactured correctly according to specifications.
Marketing Defects (Failure to Warn): These defects involve a lack of adequate safety warnings or instructions, or a failure to provide information about the product’s potential risks.
Breach of Warranty
A warranty is a manufacturer’s or seller’s assurance that a product will meet specified quality and performance standards. If a product fails to fulfill these expectations, it constitutes a breach of warranty.
There are two primary types of warranties: express and implied. An express warranty is a specific promise made by the seller or manufacturer about the product (such as a guarantee against defects for a specified period). On the other hand, an implied warranty is an implicit assurance that the product is fit for its intended purpose.
If a product doesn’t live up to the terms of its express or implied warranties and subsequently causes harm, the injured party may have a valid product liability claim for breach of warranty.
Each of these categories of product liability lawsuits carries its own set of legal considerations. For those who have been harmed by a defective product, it’s crucial to secure the support of a seasoned product liability attorney from the Law Office of Mohaimina Haque, PLLC like to navigate this complex terrain and pursue justice.
Who Is Liable for the Defective Product Injuries Done to Consumers?
When a product fails and causes harm, one of the key questions is: who can be held responsible? And who is liable? Understanding liability is crucial as it directly affects who the injured party can file a lawsuit against for compensation.
In product liability law, any party that is part of the distribution chain of a defective product can potentially be held liable. This includes:
- Manufacturer: This refers to the company that designs and produces the product. A large multinational corporation may be the manufacturer, or it may be a small business. Sometimes, a component part or an assembling manufacturer may also be held liable.
- Wholesaler: The wholesaler acts as the middleman between the manufacturer and the retailer. If the wholesaler played a role in bringing the defective product to market, they might be held liable for any resulting injuries.
- Retailer: Even though they may not have made the product, retailers can still be held accountable for selling a defective product. This includes both brick-and-mortar stores and online retailers.
The injured party can file a lawsuit against one or all of these entities, depending on the circumstances of the case. It is important to note that liability is not dependent on the injured party is the buyer of the product; anyone who was foreseeable could be injured by the product can file a product liability claim. Contact a product liability attorney at our law firm for more information.
Damages Product Liability Attorneys Can Help Plaintiffs Recover in a Product Liability Lawsuit
In a product liability lawsuit, damages are financial compensation awarded to people (plaintiffs) who have suffered harm due to a defective product. Our product liability attorneys possess vast expertise in product liability law and can assist plaintiffs in pursuing various types of damages:
Compensatory damages aim to restore the plaintiff to the financial state they were in prior to the injury. These damages are awarded to cover actual, quantifiable losses that result from the injury. Compensatory damages can be further divided into special and general damages.
Special damages, also known as economic damages, cover specific out-of-pocket expenses incurred due to the injury. They may include:
- Medical expenses: This covers any medical costs related to the injury, including hospital bills, medication costs, rehabilitation services, and future medical care if required.
- Lost wages: If the injury causes the plaintiff to miss work or lose the ability to earn income in the future, special damages can compensate for this loss.
- Property damage: If the defective product caused damage to the plaintiff’s property, the cost of repair or replacement can be included in special damages.
General damages, also known as non-economic damages, are awarded for losses that are not easily quantifiable but have undoubtedly affected the quality of the plaintiff’s life. These may include:
- Pain and suffering: This covers physical pain and emotional distress caused by the injury.
- Loss of consortium: This refers to the negative impact on the relationship between the injured party and their spouse or partner.
- Loss of enjoyment of life: If the injury prevents the plaintiff from participating in activities they previously enjoyed, compensation may be awarded.
Punitive damages are awarded in addition to compensatory damages, not to compensate the plaintiff but to punish the defendant and deter similar behavior in the future. Punitive damages are only awarded in cases where the defendant’s conduct was particularly egregious or malicious.
Calculating damages can be complex, requiring a detailed understanding of the law and a strategic approach. Our law firm has extensive experience and a client-centered approach making our firm an invaluable ally for plaintiffs seeking to recover damages in a product liability lawsuit.
Why Choose Our Attorneys? Your Fight is Our Fight
At the Law Office of Mohaimina Haque, PLLC, we firmly believe that no one should have to bear the burden of a faulty product, especially when it results in devastating consequences. That’s why we dedicate ourselves to tirelessly fighting for our clients rights and ensuring they receive the compensation they deserve.
From your first consultation with us, we take the time to understand your unique situation, treating you with the respect and compassion you deserve.
We know that suffering from a defective product can be emotionally, physically, and financially challenging, so we strive to support you every step of the way.
Our Commitment to You. Get The Compensation You Deserve
Our commitment to you is unwavering. We take on your fight as our own, standing beside you every step of the way. Our goal is not only to win your case, but also to make the journey towards justice as smooth and stress-free as possible for you. We believe in empowering our clients with knowledge so they understand the process and feel confident every step of the way.
Your success is our mission. To learn more about how our law firm can help your product liability or class actions, call us at (202)-355-6384 or visit our contact page for more information.
Frequently Asked Questions (FAQ)
How do you prove product liability?
Proving product liability often requires demonstrating the following:
- The product was defective.
- The defect existed prior to the manufacturer releasing the product.
- The defect in the product caused the user’s injury.
- The injury led to specific damages.
The requirements may vary slightly based on whether the claim is for negligence, strict liability, or breach of warranty.
What are the 3 types of product liability claims?
The three main types of product liability claims are:
- Negligence: This claim occurs when a manufacturer fails to exercise due care in the production, design, or assembly of a product, leading to an injury.
- Strict Liability: This claim applies even if the manufacturer or distributor was not negligent. If a product is defective and causes harm, the manufacturer, distributor, or retailer can be held liable.
- Breach of Warranty: This claim arises when a manufacturer fails to uphold a guarantee or warranty about a product, and this failure results in harm to the consumer.
What is an example of product liability law?
An example of product liability law in action might be a case involving a faulty kitchen appliance. If a consumer buys a blender that, despite being used correctly, shatters during use and causes injury, they could file a product liability lawsuit.
Under strict liability, they would not need to prove the manufacturer was negligent, only that the blender was defective and that the defect caused their injury. If the consumer could prove these points, the manufacturer could be held liable for the resulting damages.
What kind of lawsuit is a product liability case?
A product liability case is a civil lawsuit brought against a manufacturer, distributor, retailer, or any other party in the distribution chain by a plaintiff (the person who was injured) or their representative. These lawsuits seek to hold the responsible parties accountable for the harm caused by a defective or dangerous product.