If I become injured after using a product, is the manufacturer liable for my injuries?

Product liability cases and any possible recovery depend not only on whether there was an injury from using the item but also on whether the product was defective or unexpectedly dangerous as well. In such instances, the liability may be attached to the manufacturer of the defective product. In addition to either the manufacturer or seller having liability for a product, any repairer of a product can also maintain liability for the product. Top

If I become injured after using a "second hand good," is the seller liable for my injuries?

There may be a question whether the seller can be held liable for a defect in a product if you purchase “second hand goods.” This varies upon the circumstances and from state to state. However, if the product was guaranteed to work like new, then there may be a basis for liability.
The law firm of Keller and Keller possesses over 70 years of experience in helping injured people, and we will help you determine who is liable for you or your loved one's injuries. Top

What is a “defective product”?

A “defective product” is a one that is responsible for damage or injury to a person as a result of some defect in the product itself, its labeling or in the way that the product is used. The manufacturer or the person who sold the product to you may be held liable. A product may not be deemed defective if it is used by the consumer in an unreasonable manner or in a fashion that is in conflict with its designed purpose.
All states have varying forms of products liability. Cases can include everything from a malfunctioning car seat, to a car with airbags that failed to deploy upon impact, to harmful side effects from a drug that is improperly tested. Top

What are the varying basis for a products liability claim?

• Manufacturing Defect: The product is well designed, but the way in which it was made makes it unsafe.
• Design Defect: The design of the product is unsafe, so the entire product line is unreasonably dangerous. Design defects also apply to the way a product is packaged.
• Insufficient Instructions or Warnings: The manufacturer may design a product that has no foreseeable flaws, but then fails to include proper warnings or instructions for safe operation. Top

What proof is needed in a products liability case?

Product liability cases are generally based on strict liability rather than negligence. Strict liability means that you don’t have to prove fault, you only have to prove that the product was defective, it injured you, and your injury was as a result of the defect. Top

How long do I have to file my case?
Each state designates a specific amount of time, called a “statute of limitations,” in which you have to file your suit. The time when the statute of limitations begins to run is typically the date in which you were injured.

The law offices of Keller and Keller will carefully advise you on the statute of limitations in regard to your particular case. Top

What types of items would I need to provide to Keller and Keller to strengthen my products liability case?

• If possible, the product itself
• Information about where you purchased it
• Any manuals or other material that came with the product
• Pictures of the product and where the injury occurred
• Copies of your medical records
• Receipts for any property damage (such as cleaning bills or receipts for damaged clothing)
• A list of witnesses and their statements Top

Will it affect my case if I used the product in a way not necessarily intended?

Manufacturers are obligated to anticipate foreseeable misuse by consumers. They’re required to warn consumers about potential dangers when using the product in manners not intended. If it was not possible to foresee the manner in which a consumer used a product, the manufacturer may not be liable for any damages. Top

What types of products can be the subject of a product liability lawsuit?

Almost any dangerous or defective product can be the focus of a products liability case, from automobiles to children's toys to prescription drugs, as well as a great number of other goods. The manufacturer and other related entities owe the user of a product a duty to create only safe products, i.e., not ones that are unreasonably dangerous. If the manufacturer or related entity breaches that duty to provide you with a safe product, and that product injures you, causing you damage, you may have a legitimate legal case based on product liability law. Top

What constitutes a product "defect"?

In a products liability case, the plaintiff usually must prove that the product was defective. A defect is an imperfection that renders a product unsafe for its intended or reasonably foreseeable uses. There are three general kinds of defects: design defects, manufacturing defects, and warning defects.

When and entire product line is inadequately planned, such that it poses unreasonable risks to consumers, a design defect is present. When the design is defective, even products perfectly manufactured are defective. A production or manufacturing defect, on the other hand, arises when a sound design plan is not followed and the product is improperly manufactured.

On occasion, something other than the product itself is defective. For instance, caustic chemicals should be packaged in appropriate containers to avoid leakage. If they are not, a products liability suit could arise. Top

What is a failure-to-warn claim?

A manufacturer has the duty to make its products as safe as possible. When it cannot eliminate all risks, it must warn users and buyers of the dangers that exist. If it fails to provide adequate warnings, the person injured because of that failure may have a products liability claim based on failure to warn.

Warnings must be provided for any dangers likely to arise when the product is being used normally or in a way that could reasonably be anticipated, even it if is not a purpose for which the product was sold. A consumer who clearly misuses a product, however, cannot recover under a failure-to-warn theory or any other products liability theory. Also, warnings are usually not required for a product's very obvious dangers.
Certain products, like prescription drugs, present unavoidable dangers. The duty to warn consumers about unavoidable dangers presents special problems.

Manufacturers must provide warnings about possible side effects of such drugs, including allergic reactions, but there may be no duty where unusually susceptible consumers are concerned.

The manufacturer's duty to warn continues even after the product is sold. As new information becomes available, such as through consumer complaints or scientific testing, the manufacturer or seller must update its warnings to purchasers, either through direct contact or, if that is not possible, through mass media publication.
A failure-to-warn claim can be in the nature of a negligence or a strict liability claim, depending on the facts of the particular case and the law of the state in which the claim is made. Top

What damages are recoverable in a products liability lawsuit?

Plaintiffs in products liability lawsuits are usually able to recover all foreseeable damages. More specifically, there are four general types of recoveries that are possible from a products liability case:

• Compensatory damages – these are the damages to cover your medical bills, time lost from work and any property damage that was caused by the defective product.
• Pain and suffering – these damages are for the pain that you endured as a result of your injury.
• Loss of consortium – these damages are to compensate you for the effect this has had on your relationship with your spouse. Your spouse may be able to recover this type of damage even if the defective product did not personally injure them.
• Punitive damages – if the defendants’ conduct was so heinous that the courts want to be sure that they and others will never do it again, they may award damages that punish the defendant. Many jurisdictions are limiting or restricting the amount of punitive damages that you can recover. Top

What is multi-party litigation?

Since the 1970s, groups of plaintiffs have banded together to file consolidated lawsuits against the manufacturers of certain products. These cases are often referred to as class-action suits. By joining together, plaintiffs can achieve a balance of power with major manufacturers, which may bring about an earlier, a fairer, and a more efficient resolution of their claims.Top

What is meant by products liability reform?

Sellers and manufacturers have argued that the shift in legal standards from caveat emptor (let the buyer beware) to strict liability makes them vulnerable to even the most suspect claims, and they have taken this concern to their state legislatures and the United States Congress. As a result, some states have passed laws that help shield sellers and manufacturers from liability or limit their liability in certain cases.Top

Can I sue a foreign corporation that made a portion of the product?

Today, more and more corporations are manufacturing their goods outside of the U.S. Local firms can also have portions of their products made by foreign corporations. It is possible to sue a foreign corporation for a defective product that is then sold in the United States. Once a product is sold in the United States, the corporation becomes subject to the laws of the U.S. Foreign corporations do not like to be sued in the U.S. so they make it very difficult to do so.

The experience of Keller and Keller as well as our commitment to our clients will ensure that your rights are protected and every resource is utilized to strengthen your products liability case. Top

What products are most commonly associated with a products liability suit?

Although there is no limit to the list of products that could form the basis of a products liability suit, some of the more common product categories include:

• Alcoholic beverages. Alcoholic beverage claims are similar in many respects to claims involving adulterated beverages in general, but some aspects of these cases are specific to alcohol. Some states, for example, have specific statutes that impose liability on sellers of adulterated alcoholic beverages for injuries to the consumer and his or her family and property resulting from the use of the beverage.
• Apparel. Products liability cases based on defects in apparel often relate to flammability, the presence of irritants in the fabric, defective construction, concealed foreign objects, or the slipperiness of footwear. All kinds of apparel can be involved, from standard shirts and pants to Halloween costumes and hard hats.
• Asbestos. Personal injuries, deaths, and property damage have resulted from exposure to asbestos products, and many products liability suits have been brought to compensate the victims of that exposure. Plaintiffs have based their claims on strict liability, design defect, failure to warn, and civil conspiracy theories, among others.
• Chemicals & cosmetics. Household chemicals and personal-care cosmetics can be the subjects of products liability lawsuits if they are defective and cause injuries. The plaintiffs in these cases must prove that the manufacturer or seller knew or should have known about the dangerous defects in their products.
• Firearms. Although many victims of criminal or accidental shootings have attempted to prove that the guns used were defective and that the sellers or manufacturers were liable for their damages, courts have been reluctant to embrace that argument. One exception to holding these defendants liable exists with regard to "Saturday night specials," which are notoriously dangerous and known to be used in criminal activities.
• Food & agricultural products. All types of food and beverages, as well as agricultural products like crop care products and animal foods, can also lead to products liability lawsuits if they are defective and cause injuries. In many cases, if the plaintiffs can show that the defendants violated applicable laws, such as sanitary guidelines or pesticide limits, they will be able to prove that the defendants were negligent.
• Machinery & tools. Machinery and tools can often lead to injuries, and when those injuries result from a product defect or a failure to provide adequate warnings, the manufacturer or seller may be liable. Defendants in these cases even have a duty to guard against misuse of their products, if they could have reasonably foreseen that such misuse would occur.
• Motor vehicle defects. Motor vehicle manufacturers have a duty to use reasonable care in designing their products to ensure the safety of drivers, passengers, and even bystanders. Plaintiffs may have been contributorily negligent, however, and thus receive lower or no damages, if they failed to use their seat belts or child restraints, or were careless in some other way, such as by speeding or driving while intoxicated.
• Pharmaceutical products. Drug manufacturers must comply with Food and Drug Administration (FDA) guidelines for the manufacture, marketing, and sale of their products. Compliance with FDA standards will not, however, insulate a defendant from liability if its product otherwise proves to be defective. Drug manufacturers have a duty to warn about possible side effects of a drug. Often, a "learned intermediary," such as a doctor or pharmacist, will be charged with the duty of passing those warnings on the patient. If the drug manufacturer advertises its product directly to the general public, however, the manufacturer may still have a duty to warn the public directly about the risks of taking the drug.
• Recreational products. Recreational products that can be the basis of a products liability suit run the gamut from board games to amusement park attractions. As with all other products, manufacturers and sellers have the duties to use care in ensuring the safety of their products and to warn about potential hazards.
• Tobacco. Tobacco products have been the subject of recent litigation in which the tobacco companies have been ordered to pay very large damage amounts for costs incurred as a result of smoking-related diseases. Although there is mounting evidence that tobacco companies may have known about their products' harmful effects and kept that knowledge hidden, younger plaintiffs will have a harder time alleging that they were affected by that failure to warn, since the adverse consequences of tobacco use have been public knowledge for quite some time now. Top

If you or a loved one has suffered an injury due to the reasonable use of a product, the law offices of Keller and Keller are available to you for a free, confidential consultation with an attorney from our firm who is experienced in handling personal injury claims. You can either contact us by phone at 1-800-2KELLER or through the use of our Free Case Evaluation submission form.

Should you decide to retain our services after the initial consultation, we will work on a contingent fee basis. This means that our offices will only be paid for our services once we make a recovery on your behalf from the insurance company.