Each and every day, consumers across the country must place substantial trust in product manufacturers as well as government oversight and regulatory bodies to ensure that the goods purchased and used for countless purposes are safe and effective. Sadly, an unacceptably significant number of incidents occur annually in which these supposedly protective mechanisms fail, resulting in serious injury and death due to defective items of all types. Whether the harm suffered results from faulty manufacturing processes, poor design or a lack of adequate warnings, victims need to know that they are entitled to pursue fair compensation. Attorney Jeremy Rosenthal is dedicated to facilitating the cause of justice for those negatively impacted by dangerous products, and stands prepared to advocate for the monetary recovery such individuals deserve.
Items Which Can Form the Basis of a Product Liability Claim
Product liability claims can stem from a seemingly endless list of consumer items, with some of the most common complaints involving things such as:
- cars, trucks and their components
- railroad systems and train cars
- toys and playground-related products
- construction equipment and tools
- manufacturing equipment
- household appliances
- cosmetics and personal care products
- food items
- recreational vehicles
- exercise equipment
- smoke detectors and the like
- medical devices
- pharmaceutical drugs
The above list is by no means exhaustive, as virtually any sort of consumer product has the ability to seriously injure when defects are present or sufficient usage warnings are not issued.
A common negligence-based theory used in product liability cases involves an assertion that the product at issue was defectively manufactured prior to sale. Such situations could arise when an unintended error was made during a product's assembly or creation which ultimately produced harm. Plaintiffs will need to establish that the alleged defect was in existence before the product's release from the factory and did not develop as a result of normal use after purchase.
Another frequently utilized theory in product liability matters is that of defective design. Such an argument will assert that a mistake was made during the product development phase, representing an unreasonable danger which could have been anticipated by the manufacturer. Failure to adopt an available alternative manufacturing technique which would have posed less risk is often cited as evidence of defective design.
Failure to Warn
Claims based in a manufacturer's failure to provide adequate warnings to consumers or others are based on the notion that known dangers must be disclosed unless they are obvious or stem from some type of unreasonable or unforeseeable use of the product at issue. Warning labels for consumer products, including medications, should inform users of known dangers, the seriousness of the risk presented and explain ways in which an consumer could avoid the dangers, and when they do not, liability can rightly attach.
In some cases, it will be possible for plaintiffs to employ a theory of strict liability in order to obtain compensation for injuries caused by defective or dangerous products. Under this concept, the manufacturer's acts or omissions are not the focus of the allegations, but rather the defective nature of the product itself. If strict liability is accepted as applicable in a given case, the mere fact that item at issue was dangerously defective and injuries occurred will be sufficient to establish liability, regardless of the maker's argument that it adhered to the relevant standard of care.
Breach of Express or Implied Warranty
Also utilized by product liability plaintiffs are claims based on a breach of warranty. Arguments of this type tend to fall into one of three main categories, namely breach of express warranty provided by the manufacturer, breach of an implied warranty of merchantability possibly imposed by state consumer protection laws or breach of an implied warranty for fitness for a defined purpose.
Potential Targets of a Product Liability Lawsuit
Those who have been injured by a product they and others use with regularity often feel as though they have little hope of successfully doing battle with the manufacturing giant responsible for placing the dangerous item in the stream of commerce. However, it is necessary for victims to know that the list of potential targets of product liability litigation may in fact be much longer than they initially believe. In addition to the makers of the product itself, it may be possible for plaintiffs to pursue compensation from such seemingly remote actors as:
- product designers
- parts suppliers
- installers or assembly personnel
- wholesale companies
- service centers
Given the undeniable complexity of every product liability claim, it is essential for those affected to consult with an experienced personal injury attorney able to untangle key issues and enlist the aid of subject-matter experts including engineers, physicians and economic loss analysts.
Compensation for Victims of Defective Products
Given the vast landscape of consumer products and the innumerable injuries and detrimental effects they can produce on unsuspecting buyers, it is no surprise that the range of harm suffered is similarly broad. While some victims of defective products sustain only minor injuries and temporary inconvenience, others are left to contend with a future marked with disability, financial uncertainty and pain. Therefore, successful product liability plaintiffs may be able to recover compensation that includes payment for things such as:
- all past, present and future medical bills
- costs of physical therapy and rehabilitation services
- lost employment wages
- limitation on future earning capacity
- physical pain and suffering
- emotional trauma and distress
- loss of enjoyment
- loss of marital relationship
- lost financial contribution to family
- financial support for surviving dependents
- funeral expenses
Help for Colorado Product Liability Victims
At the Law Firm of Jeremy Rosenthal, we understand the sense of betrayal and disappointment that can result after a consumer product causes significant injury or even worse. That is why we are committed to taking your fight to the manufacturers and other responsible parties to aggressively pursue maximum compensation on your behalf. The time to seek financial recovery in the aftermath of harm is not unlimited, and swift action is vital to success. To schedule a no-cost consultation and begin the process of asserting your rights, contact us at 303.825.2223.