Product Liability
What is Product Liability?
Product Liability Lawyers: Protecting Consumer Nationwide
Product liability law deals with holding manufacturers, distributors, and sellers responsible for defective products that cause harm. It falls under negligence law, which generally involves proving that there was a duty owed, a breach of that duty, and injury resulting from the breach. In product liability, the duties involve the safety and functionality of the product.
A product liability attorney can pursue claims for defective products or those marketed in a way that fails to inform consumers of known risks. Theories under product liability law include:
- Design Defects: When the product’s design is inherently flawed.
- Manufacturing Defects: When the design is sound, but the product becomes defective during production.
- Marketing Defects: When the product’s labeling or instructions fail to warn of known dangers or provide safe usage guidelines.
In some states, strict product liability laws apply, meaning you don’t have to prove a breach of duty; you simply need to show that the product was defective and caused harm.
Consumer Dedication and Leadership
Our commitment to consumer protection is unmatched. Alyson Oliver is the past president of the Michigan State Bar Consumer Law Section, Paul Matouka is the current president, and Cameron Bell will be the next president of this section. This leadership role reflects our deep involvement and influence in advancing consumer rights.
We are honored to be recognized as the exclusively recommended product liability attorneys in Michigan by Products Liability Lawyers. This prestigious designation is awarded to only one firm per state each year, highlighting our excellence and dedication in the field of product liability law.
For insights into our leadership and accomplishments, please view our success page. Our product liability attorneys are celebrated for their expertise and leadership, and this recognition underscores our commitment to serving clients with the highest level of dedication and skill.
How to Start a Case
To begin, schedule a consultation with one of our experienced product liability lawyers. We will need details such as the product name, how and when it was used, and the injuries you’ve sustained. With this information, we will calculate the statute of limitations and investigate the defect. If your claim is timely and valid, we will begin the litigation process.
Types of Product Liability Cases
- Design Defects
Products can be defective due to insufficient testing or errors made during the design phase. For example, a product liability attorney might file a case when cancer-causing chemicals are intentionally used in a product’s design. This occurred in the Philips CPAP Product Liability case, where thousands of people were exposed to harmful chemicals in the foam used to reduce noise in CPAP machines. The foam released toxic particles, leading to respiratory issues and, in some cases, cancer. The case resulted in a $1.1 billion settlement, with Oliver Bell Group playing a
leadership role in the litigation.
- Manufacturing Defects
Manufacturing defects occur when mistakes in the production process make a product dangerous, even if the design is safe. This can happen when a manufacturer uses incorrect components or allows contamination. In the New England Compounding Pharmacy case, unsanitary conditions, including the presence of vermin and mildew, led to contaminated medications, causing injuries to thousands of patients. Oliver Bell Group played a leading role in the litigation, advocating for the establishment of the mass tort, which ultimately resulted in significant compensation for the victims.
- Labeling Defects
A product must include proper instructions and warnings to ensure safe use. Failure to provide these can result in misuse and serious injuries. Common examples include missing warnings about choking hazards in toys or inadequate guidance on the use of chemical products. In the Transvaginal Mesh litigation, several manufacturers failed to warn about the risk of the mesh eroding, which led to numerous painful revision surgeries for affected patients. Oliver Bell Group
played a leadership role in this mass tort, successfully recovering millions for our clients.
Common Injuries in Product Liability Cases
An experienced product liability lawyer knows the wide range of injuries that defective products can cause, from medical devices that fail and require additional surgeries, to pharmaceuticals that contain incorrect or undisclosed ingredients, and consumer products, like automobiles or cosmetics, that malfunction or contain hidden chemicals. While the injuries vary, they generally fall into three categories: personal injury, economic loss, and medical monitoring.
Personal injury cases involve physical harm caused by the defective product. Economic loss cases occur when the product fails to perform as promised, costing the purchaser money. In medical monitoring cases, a person has been exposed to a harmful substance but has not yet experienced symptoms, requiring ongoing medical attention to manage the risk. Our skilled product liability attorney can recover compensation for any of these injuries, ensuring justice for
those harmed.
Injuries can range from severe physical harm caused by failed medical devices to financial losses from faulty products, or even the need for ongoing medical monitoring after exposure to hazardous materials. Our dedicated product liability lawyer can help recover damages for all types of harm.
Class Actions vs. Multi-District Litigations
Class Actions: A few individuals file the case on behalf of all affected consumers, often involving economic loss or medical monitoring claims. Compensation is shared among all class members.
Multi-District Litigations (MDL): Consolidates individual cases for discovery and settlement purposes, with compensation awarded individually based on each plaintiff’s injury
Your product liability lawyer can help you navigate these complex processes.
Nationwide Legal Representation: MI and TX Based
Oliver Bell Group serves clients across the nation, with a significant presence in Michigan and Texas. Our attorneys have deep experience in both local and nationwide product liability cases. If you have been injured by a defective good reach out today to speak with a product liability attorney and receive a free consultation. To learn more about product liability cases we’ve been involved with, visit our success page.
Applicable Laws
Product liability cases are mostly governed by common law, meaning that the rules are extracted from previous court decisions, also known as legal precedence or controlling legal authority. Some of the controlling legal authority is based on state law, and some federal. A product liability attorney can walk you through what laws apply to your case. To stay up to date on product recalls, visit the Consumer Product Safety Commission.
Frequently Asked Questions
• Who can I sue if I am injured by a product?
You can sue the manufacturer, distributor, or seller responsible for the defect.
• What are the types of defects?
Defects include design, manufacturing, and marketing flaws.
• How soon do I need to file my claim?
When the product’s labeling or instructions fail to warn of known dangers or provide safe usage guidelines.
• Can I recover emotional damages?
Yes, emotional damages, wage loss, and loss of marital relations are recoverable in product liability cases.
