Dangerous or defective products — from malfunctioning auto parts to faulty medical devices—result in nearly three million injuries and 22,000 fatalities every year in the United States, according to Consumer Product Safety Commission (CPSC) statistics. Essentially, any type of manufactured product on the market can be defective or dangerous including foods, drugs, cosmetics, toys, and more. In the event that a product causes an individual to suffer injury or death, the victim has the legal right to file a product liability lawsuit against the maker to recover their damages.
If you have suffered harm because of a defective product, we urge you to seek legal help immediately. The trusted San Diego product defects attorneys at O'Mara & Padilla have a wealth of experience handling product liability cases and can evaluate your case for free, help you file a claim and get you the compensation you rightfully deserve. Product defects cases need a team of experienced lawyers due to the complexities of this type of matter. Please contact us today for a complimentary consultation.
What Constitutes a Defective Product?
There are many reasons why defective or dangerous products find their way on the market. The three major categories that would make a product defective and result in a product liability claim include:
- Design Defects. If there are flaws in a product's conceptual design—before it is ever created or manufactured—there are grounds for a product liability lawsuit. In many cases, product makers catch these defects after they have been on the market and are required to launch a recall. Unfortunately, most recalls occur too late and people have already suffered.
- Manufacturing Defects. These defects occur as a result of errors made during the actual manufacturing or production phase of a product and may not affect every single item. For example, if a small part falls off a toy and a child swallows it, resulting in serious injury, a product liability suit can be filed against the toy maker because of the manufacturing defect.
- Marketing Defects. This type of product liability occurs when a manufacturer fails to clearly warn consumers of the possible risks and dangers of their product, e.g. harmful drugs such as Vioxx and Ortho Evra. Marketing misrepresentations that may also result in a product liability claim can include improper, hard-to-read, or confusing labels and instructions.
Do You Have a Product Liability Claim?
If you have suffered injury or death as a result of a defective product, you may be eligible to seek compensation for your losses through a product liability lawsuit. Damages that can be recovered include: pain and suffering, medical bills, lost earnings and in certain cases, punitive damages. Let the highly qualified and knowledgeable lawyers at O'Mara & Padilla evaluate your case for FREE, explain your rights and options, and determine the best course of action for you. Please contact O'Mara & Padilla today.