Product Liability Lawyers
Representing Victims in Springfield, Joplin, and Rogers/Bentonville
While people may have heard stories of defective products causing injuries, they never expect it to happen to them. When buying an items, consumers have a right to expect the product is made responsibly, with legally safe materials. However, defective and dangerous products are made every day and cause thousands of injuries every year in the United States.
Who Is Responsible?
Largely, a product liability case rests on who was at fault when making the product that led to your injury. For example, a car is designed by an engineer, manufactured in a factory, and sold at a car dealership. Additionally, parts for the car may have come from several different manufacturers, whose products might have their own design flaws. At what point was the error introduced that led to your accident?
For example, the Takata airbag recall was one of the biggest product recalls in U.S. history. Takata manufactured the airbags that were used in thousands of cars made by different companies. Because Takata was aware of the design flaw, they were held responsible for the high number of deaths caused by their products, rather than the car companies who purchased the airbags for use or the dealerships that sold the cars.
Types of Defects
When looking at a product that caused an injury, there are three different defects that might have contributed to harm.
- Design defects: These are present in a product from the beginning because the designer of the item itself made an error in calculation. In cases like these, the product is unsafe before it is even manufactured.
- Manufacturing defects: These happen in the course of a product’s manufacture or assembly. While the design may be perfect, the people executing the design could make errors in the construction or in purchasing cheaper materials that weren’t part of the original plan.
- Marketing defects: These happen when flaws are made in the way a product is marketed. For example, improper labeling, insufficient instructions, or inadequate safety warnings could lead to injury or death if the product is used incorrectly or has unforeseen side effects.
Unavoidably Unsafe Products
In certain product liability cases, unavoidably unsafe products and their manufacturers are exempt from liability. There are particular products that, by their very nature, are unsafe to use. For example, chemotherapy drugs are extremely dangerous and have number of harmful side effects; however, doctors must prescribe them in cases where there is no other option for cancer treatment. While the chemotherapy may cause a number of painful and potentially life-changing side effects, a patient will not get far when trying to sue the doctor or the manufacturer of the drug. Typically, in cases where a product is unavoidably unsafe, manufacturers are required to list a warning of the danger or risk of using the product so consumers can make an informed decision about whether or not to use it.
Contact Our Skilled Lawyers Today
If you’ve been injured by an unsafe product, don’t hesitate to give us a call. Johnson, Vorhees & Martucci has more than 140 of combined experience to offer your case. Our skilled Springfield & Joplin personal injury attorneys value each and every one of our clients and we work hard to protect the rights of people who have been injured by the negligence of another. Let us see what we can do for you.
Contact us at (833) 600-0125 or fill out our online form to schedule a free case consultation today.
We are licensed to practice in Arkansas, Kansas, Missouri, and Oklahoma, and we have offices in Joplin, Springfield, Rogers/Bentonville.