The shock and dismay that inevitably result when a consumer product causes serious harm are often rivaled only by the pain, suffering and financial challenges the resulting injuries cause victims and their families. Circumstances in which a familiar, everyday item or perhaps an unexpectedly dangerous pharmaceutical drug produce real suffering to one who uses it can be truly devastating not just in the present moment, but for years to come. If there is any good news to be found in such a situation, it is that the law provides victims an opportunity to seek fair compensation from manufacturers and other parties responsible for the damage done. Attorney Jeremy Rosenthal is a dedicated advocate for the rights of the injured and stands prepared to seek maximum financial recovery for each client he serves.
Basics of a Defective Product Claim
Manufacturers have a duty to ensure that the goods they release into the stream of commerce are safe and effective for their advertised purposes. Unfortunately, there are many instances in which this responsibility goes unfulfilled in a material way, resulting in severe injury and sometimes even death. Individuals who have sustained appreciable loss stemming from the use of a particular product and who believe defective design, manufacture or other similar failure was to blame may decide to file what is known as a defective product or product liability claim.
Common Types of Product Liability Lawsuits
The consumer landscape in the United States is indeed vast, rendering the potential types of product liability claims virtually limitless. However, there are certain types of defective product lawsuits that tend to be more common than others, including those related to:
- construction tools and equipment
- passenger vehicles, commercial trucks and related components
- manufacturing equipment
- children's toys and playground equipment
- household appliance and gadgets
- firearms and other weaponry
- cosmetic/personal care products
- recreational vehicles/sporting goods
- exercise/gym equipment
- medical devices/surgical implants
Common Claim Categories in Defective Products Lawsuits
Though it is certainly true that a defective product claim can arise in an endless number of ways, complaints of this type tend to proceed along one of three distinct avenues of argument. The first of these involves a claim that the product at issue was defectively manufactured in some way, resulting in the alleged harm. A second type of claim will argue that the product in question was the result of a defective design which incorporated one or more unreasonably dangerous aspects. Finally, some defective products plaintiffs will assert that the manufacturer or other responsible party failed to provide consumers with sufficient warnings about known risks or to supply important usage instructions meant to help purchasers prevent potential harm. There may also be cases in which theories of strict liability (in which the unreasonably dangerous nature of the product itself creates liability) and breach of warranty can serve to further a victim's claim for damages.
Potential Targets of a Product Liability Claim
It is often the case that individuals harmed by consumer products are not entirely certain about the proper target of litigation, should they choose to pursue a case. To the surprise of many injury victims, the list of potential defendants in a defective product lawsuit is often much longer than first expected. This is because it may in fact be possible to pursue compensation from all parties in the chain of distribution which may share in the blame for what occurred. Targets of a claim may include designers, product researchers, parts suppliers, wholesalers, distributors, retailers and installation personnel. Though it can sometimes be difficult to pinpoint precisely who bears responsibility for the resulting harm, an experienced personal injury attorney can help plaintiffs get to the heart of the matter and focus their case on the most appropriate parties.
Establishing Liability in a Defective Product Lawsuit
Generally speaking, in order to establish liability for harm allegedly caused by a defective product, a plaintiff will need to prove a series of key elements. It is necessary to show that tangible injuries or other losses were in fact sustained, that the product at issue was in some way defective or lacking in sufficient warning labels or similar information, that the defect or missing warning directly caused the harm and that the product in question was used in its intended manner.
Compensation for Victims of Dangerous or Defective Products
The harm resulting from defective products runs the gamut from short-term hindrances to life-long disability. As a result, the compensation that may be available in a given case can also vary quite significantly. Plaintiffs in cases involving dangerous consumer products have historically been able to recover payment for losses that include:
- hospitalization costs
- past, present and future medical bills
- rehabilitation and therapy expenses
- lost wages and diminished future earning capacity
- destruction of property
- physical pain
- emotional trauma
- lost enjoyment of previous lifestyle
- loss of marital relationship
- financial support for surviving dependents
- funeral costs
How a Product Liability Attorney Can Help
Cases involving allegedly dangerous or defective products are rarely straightforward and call for a great deal of evidence gathering combined with insights gleaned from a range of subject matter experts. A seasoned product liability attorney understands the complexity of the proof needed for claimants to prevail and will be ready and willing to do battle against manufacturing giants with deep pockets and sizable legal staffs at their disposal. By enlisting the aid of medical experts, engineers, economic loss professionals and others, it is possible to marshal the facts and arguments required to secure maximum financial compensation for those who need it the most.
Seeking Justice for Defective Product Claimants in Colorado
At the Law Firm of Jeremy Rosenthal, we refuse to let a victim's lack of financial resources limit their access to justice. Therefore, we routinely accept defective product cases on a contingency basis so that no legal fees are owed unless a financial award is obtained. If your or a loved one have suffered harm because of a product you believe was dangerously defective, we invite you to contact us at 303.825.2223 for a no-cost consultation.