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Product Liability Lawsuits Against Manufacturers

Product manufacturers have a legal obligation to consumers to make and distribute products that are as safe as they reasonably can be. When a company fails to meet this standard and makes a defective and dangerous product, consumers have a legal right to sue the seller and manufacturer. Product negligence cases are generally premised on one of three types of tort claims:

• negligence
• breach of warranty
• strict liability in tort.

(1) Negligence

Product cases sounding in negligence are simple: the failure to do what an ordinary, reasonable manufacturer should have done. Breach of warranty is a contract action. Strict liability in tort is a remedy designed to remedy the unfair results that occurred when injury victims were limited to negligence or breach of warranty claims for injuries caused by defective products.

(2) Strict Liability

Strict liability does not mean you can recover automatically if a product injures you. You still must prove that the product was defective. But it does mean that you do not need to prove any particular act of negligence on the seller’s part. Instead, your lawyer must prove that the product was defective and unreasonably dangerous when it left the seller’s control. Accordingly, to recover compensatory damages under a strict liability theory, the plaintiffs’ lawyers must prove:

1. that the product was in a defective condition at the time it left the possession or control of the seller;
2. that it was unreasonably dangerous to the user or consumer;
3. that the defect was a cause of the injuries;
4. that the product was expected to and did reach the consumer without substantial change in its condition.

Defective Drug Cases

The common product liability cases in the U.S. involve defective and dangerous prescription drugs (and sometimes over-the-counter drugs). The pharmaceutical industry has a long history of rushing new drugs onto the market only to find out later their drugs cause cancer or other adverse health conditions.

When the hidden danger of the drug becomes apparent, it invariably leads to a wave of product liability lawsuits – often called mass tort litigation.

Examples of current mass torts involving dangerous drugs include:

• Tylenol Autism
• Elmiron
• Zantac Cancer
• Gilead HIV Drug Lawsuits
• Suboxone
• Ozempic

Defective Products Cases

Product defect lawyers handle medical device and drug injury product liability cases. But some product defect injury and wrongful death cases do not fall neatly into those categories, and they are some of the most significant mass torts in the country right now. They include these products:

• Hair Relaxers
• NEC Baby Formula Lawsuits
• Similac
• Enfamil
• Talcum Powder Lawsuits
• Paraquat
• Roundup
• Pressure Cookers
• OneWheel

Medical Devices

Another common type of product liability case is those involving defective medical devices. Just like other products and devices, medical devices don't always work correctly or have hidden design flaws that cause them to malfunction. However, people get seriously hurt or injured when things go wrong with medical devices. Examples of medical device mass torts include:

• CPAP Machine Lawsuits
• Hernia Mesh
• Paragard
• Exactech

Other Mass Torts

• Camp Lejeune Lawsuit
• HPV Vaccine (Gardasil)
• AFFF

Getting Help from a Product Liability Lawyer

Each year, countless individuals suffer fatalities or injuries due to hazardous drugs, faulty medical devices, or defective products that never should have reached the market. If you or a loved one has been affected by such circumstances, our service is here to connect you with the appropriate attorney.

With our extensive experience, we specialize in matching individuals with the right legal representation, whether it be for individual cases or class action lawsuits. If you're seeking guidance on how to proceed, click here (link to form) for a complimentary online consultation.