Dangerous or Defective Product Injuries (Product Liability)

When someone is injured while using a product that was manufactured or marketed in a defective or dangerous way, he or she may be able to recover the resulting damages from the responsible party in a products liability-based personal injury suit. Products liability law is based on the responsibility of a manufacturer or other provider of goods to compensate users of the goods for injuries caused by defective or dangerous products that it placed into the stream of commerce. The basic idea underlying products liability law is that the companies providing the products are usually in the best position to prevent defective products from entering the marketplace, so if they fail to do so, they should be held accountable. An experienced and knowledgeable personal injury lawyer can advise injured persons on whether they may have a claim against a product manufacturer or seller and can help them recover the damages to which they are legally entitled.

The personal injury plaintiff still has a challenge although products liability law has evolved over the years. At one time "caveat emptor" (let the buyer beware) was the standard to which manufacturers were held. Today "strict liability" is imposed in appropriate cases. Under these standards manufacturers are responsible for injuries caused by their defective or unreasonably dangerous products even if they were not negligent.

In a products liability action, the injured person, or plaintiff, must prove, for instance, that there was a design or manufacturing defect in the product or that the manufacturer did not adequately warn consumers about the product's possible dangers. In addition, he or she must establish, through relevant and credible evidence, that the product caused the injuries and that he or she was using the product in the way it was intended to be used or even that the manufacturer should have anticipated that the product would be "misused" in the way that it was.

Manufacturing defects are usually easier to prove than design defects. Proving a design defect involves passing judgment on technical choices and usually requires expert testimony. In a design defect case, the product may have been manufactured as it was intended to be, but the design was inadequately planned in such a way as to pose unreasonable hazards to consumers.

Products liability cases are notoriously difficult to manage, we do not hesitate to use the most aggressive trial tactics possible under the law. Solomon Neuhardt is known for their strong legal minds, thinking "outside of the box" to achieve the best possible results. We hire engineers to redesign the products, we consult with doctors and other medical experts and we relentlessly push for success.

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