Defective Products

As a consumer, the law gives you certain rights when you buy a product. One of these rights is the right to use the product for its intended purpose (as recommended by the manufacturer), without being injured.

Put another way; companies are obligated to design and manufacture products that are safe to use. A failure to do so can result in products that cause harm and injury to consumers. Since manufacturers have an innate knowledge of their products, courts find it appropriate to make these same manufacturers liable for consumer injuries that arise from the use of their products. The area of law-making that makes the manufacturer (and oftentimes the designers, distributors and/or retailers) liable (“responsible”) for this form of personal injury is termed “product liability” law.

The list of defective products causing injuries to Americans is quite extensive, some of the most recent and publicly known being in:

• Medical field (Xanax, opioids, etc.)
• Cars (Accura3.2 CL 2003, Audi A3 2006 – 2013, Cadillac Escalade 2007 – 20014, Chevrolet Avalanche 2007 – 2013, Daimler Trucks in N.A., Kia Minivans, etc.)
• Car parts (Takata airbags, baby seats, brakes, gas tanks)
• Medicines (opioids, Xanax, Valsartan, etc.) and devices (hernia mesh, Depuy Synthes, etc.)
• Baby products (Johnson & Johnson baby powder, car seats, etc.) and
• Toys (riding toys – including scooters, wagons, tricycles, Barbie Jeeps, etc.).

The U.S. Consumer Products Safety Commission (“CPSC”) tracks important product liability information and has jurisdiction over more than 15,000 products, including (those mentioned above, and) motor vehicles, boats, food, medicine, cosmetics, environmental products, etc.

Each of the products mentioned in the remainder of this paragraph is taken from Reports issued by the CPSC. According to this source (i.e., the CPSC) there “were an estimated 226,100 toy-related injuries in U.S. hospital emergency departments in 2018” and “an estimated 59,000 emergency department-treated injuries… associated with nursery products among children younger than 5 years old,” “9,100 injuries caused by fireworks,” and “12,540 consumer product-related senior (65 years or older) fatalities” were reported to CPSC for the years 2009 – 2011. In addition to those already named, the CPSC publishes separate annual reports for many other defective product categories.

While the defective products themselves are ultimately the object of the lawsuits, there are three (3) basic underpinnings to defective product lawsuits, i.e.:

1. A defectively-manufactured product
2. A defectively-designed product; and/or
3. Products that did not provide necessary warnings on their label.

People who have been injured by defective products may file a defective product lawsuit, including not only the manufacturer, but also (in most cases) the designer(s), distributor(s) and/or the retailer(s) involved in the chain leading from the initial production of the defective product to the sale of same to the consumer. One final VERY IMPORTANT note is that you may be prevented from succeeding in your defective product lawsuit if the product was altered (in any significant way) prior to you getting injured from its use.

In closing, defective product cases are very complex. Furthermore, they are very expensive because, in order to prove that a product is defective, an “expert” must be retained (and paid) to examine the product (to establish that the product is indeed defective) and provide his/her expert opinion/report, supporting your claim that the product is “defective” and that this “defect” is the factor which caused your injuries.

This same expert must be willing to undergo a deposition by the opposing counsel (which also must be paid for) and, thereafter, be available to testify (which also must be paid for) at the trial of your case. All in all, these types of lawsuits are very complex, expensive and lengthy and the manufacturers fight very hard (through their attorneys) to defend themselves and their products, because the negative repercussions of losing and/or having to recall their product are HUGE, both economically and to their reputation.

If you or your loved one has been significantly injured by a defective product, CALL DAVID G. McDERMOTT – (708/747-9440) at McDermott & McDermott, LTD. He has more than 40 years of experience in helping victims of defective products. The McDermott & McDermott, LTD. team will evaluate your case and, if your case has merit, aggressively seek compensation for ALL your injuries and damages.