Product liability lawyers work hard to make sure we are all safe from dangerous or falsely advertised products. The attorney’s job is to ensure that all manufacturers play by the rules and are held responsible for any damages that may cause. Every manufacturer has a legal responsibility to produce a safe product that performs as advertised. When products fail, the liability lawyers are there to stand up for the consumer. False or misleading advertising, personal injury, and death represent the largest number of product liability lawsuits filed each year in the United States.

The three types of product errors that produce the most liability:

• Faulty design leading to a product that is inherently unsafe or prone to malfunction

• Manufacturing or assembly flaws

• False advertising or marketing, insufficient instructions or safety warnings

In this Litigation Guide, we will explain the role of a product liability lawyer, talk about what product liability law involves and give some examples of product liability lawsuits. We will also touch base on the responsibility for product failures due to misrepresentation, product defects, faulty manufacturing or a dangerous design.

What is Product Liability Law?

Product liability law, or defective product law, is that area of law that addresses a manufacturers responsibility when faulty, misrepresented, or dangerous products get into the hands of consumers. Product liability laws are designed to hold manufacturers liable for their products and to give the consumer recourse to recover damages when products fail or are unsafe.

Product liability law stems from the premise that consumers have the right to assume a product will perform as advertised and that it meets basic safety standards under normal use.

Defects are obviously the responsibility of the manufacturer, but not all injuries caused by dangerous products are the manufacturer’s fault. For example, if legally made and sold fireworks causes burns because the user held them while they exploded, this might not be a product liability issue. On the other hand, if a phone battery explodes and causes burns, that very well could be a product liability issue.

Every state has separate but similar laws and commercial statutes based on the Uniform Commercial Code or UCC. The Uniform Commercial Code attempts to standardize many of the rules and regulations used throughout the United States. Product liability claims are usually made based on the commercial statutes of the state in which the product was made or sold.

What is a Product Liability Lawyer?

Determining product liability can sometimes be very easy, as with the example of the exploding energy cells in the Samsung phone. In that case, Samsung quickly accepted its corporate responsibility and recalled millions of phones with a potentially dangerous problem.

However, in many cases, it can be much harder to determine if the product is defective or unexpectedly dangerous. These cases involve every product category including prescription medicine, medical devices, automotive parts, cosmetics, building materials, tools, electrical components and electronics.

When a retailer or manufacturer of a product does not accept responsibility for a defective product, the assistance of a product liability attorney may become necessary. Corporate liability lawyers understand defective product laws and their application, including which parties to include in any lawsuit. Your lawyer will also make sure to file your case in the proper jurisdiction and court. In cases of a medical device defect, you may also have the option of a medical malpractice suit. Did your doctor know or should he have known that a device was defective and may cause injury or death?

Even when liability is accepted, and a manufacturer offers to pay damages, a product liability lawyer will help ensure the settlement offer is fair to all those harmed financially or physically and looks for hidden long-term costs that you may not see at first. Don’t be quick to settle a claim, especially if the manufacturer is pushing you to sign off on an agreement. A quick offer to pay a claim might mean a better deal for the manufacturer. Talk to a few liability lawyers for free before you accept any settlement.

Class Action Lawsuits

Every year, hundreds of class action product lawsuits reach our courts. They arise when a large number of people or a “class,” all have the same or very similar product liability claim. Class action lawsuits are similar to personal injury lawsuits, but they include a large group of claimants spread out across the nation. Class action product litigation is a way to resolve the massive claims more efficiently than by bringing a series of individual product liability lawsuits in each city and state. If you join a class action lawsuit, you will not have to hire a liability lawyer as the Class action suit takes care of that.

Have you been contacted about a class action lawsuit, and if so, do you know what to do? It is important to note that there is usually a large group of claimants involved in any class action, and everyone will get a part of the settlement with the lawyers getting the most. You are not required to participate in a class action suit if you feel you would have more to gain by filing on your own. Talk to an attorney if you have a major problem involving a substantial loss, death or long-term health issue.

Some examples of class action lawsuits involving product liability issues are:

• General Motors for ignition switch failures leading to airbag failure, accidents, injuries and deaths

• Eli Lilly & Co, Merck Sharp & Dohme Corp for Type 2 diabetes drugs that are alleged to cause pancreas damage

• Dow Corning for silicone breast implants that ruptured, causing severe illness and death

• Philip Morris for tobacco products the company knew created a risk of cancer

• Volkswagen for defrauding the EPA about emissions levels on vehicles

In Conclusion: Contacting Product Liability Lawyers

Have you or a member of your family been harmed financially or physically by a defective product? If so then the appropriate next step would be to contact a few product liability attorneys to discuss your experience. Do you know how to find open class action lawsuits that may be a concern for you? Most liability lawyers offer a free consultation, so you’ll have the opportunity to receive free legal counsel with no obligation. Many lawyers will work on a contingency basis if you have a strong case, not charging you anything unless you win. If you are not sure if you have a case, then that is all the more reason to talk to a few liability lawyers. Let the product liability lawyers help you make the right decision.