Consumer Products Liability Lawyers | Defective Drug & Medical Device Attorneys

Millions of consumers throughout the United States purchase products on a daily basis. These products can range from regular household items, such as food products and children's toys, to construction-related materials and medical devices. Although many people use these products without incident, there are still numerous individuals who suffer injuries as a result of defective manufacturing, improper design, or inadequate labeling of products. The U.S. Consumer Product Safety Commission issues 200 to 300 product recalls every year. The Commission also states that injuries, deaths, and property damage resulting from the use of consumer products costs the nation more than $700 billion every year.

Types of Product Defects
There are three primary kinds of product defects--manufacturing defect, design defect, and marketing defect, also known as failure to warn. When a consumer files a products liability suit the basis for the lawsuit will involve some or all of the following defects:

Manufacturing Defect: This type of defect occurs during the production phase of the manufacturing process. A variety of reasons can cause the manufacturing defect, such as the use of low quality materials, failure to check for defects in the finished product, or the use of malfunctioning equipment. If there is a manufacturing defect, not all the products that come off the assembly line will have the manufacturing defect. Often, only a few of the products that are constructed may have the defect and thus be unsafe to use.
Design Defect: Normally, a design defect will occur before the product is manufactured because the design phase will usually precede the manufacturing phase of the product's development. If a design defect occurs, then every product that is produced with the faulty design will have the defect.
Marketing Defect or Failure to Warn: Products can be properly manufactured and designed but still cause people harm, because the product fails to warn purchasers and users of latent defects or known risks. Manufacturers can be liable for damages for failing to warn consumers of the hazards and potential risks that are associated with the product's use. They can also be liable for failing to provide proper instructions on the use of the product. In addition, consumers should be aware that even if the danger is discovered after the product is placed on the market, the manufacturer must still take steps to provide the public with adequate warnings of the potential dangers.

Potentially Liable Parties
In some products liability actions, other parties in addition to the manufacturer may be held responsible for injuries that result from the product's use. Generally, any party that was involved in the product's distribution chain may be held responsible for the injured person's damages. Responsible individuals may include the following:

Manufacturer
Designer
Suppliers, including suppliers of component parts
Wholesaler
Distributors
Retail Stores

Grounds of Liability
In general, products liability actions can be based on different theories of liability against manufacturers, suppliers, distributors, and retailers. These different grounds for liability are described below:

Negligence: In a lawsuit based on negligence, the plaintiff must establish that the manufacturer and other parties involved in the product's distribution chain failed to exercise reasonable care in manufacturing, designing, or selling the product. The care that is often required consists of acting with the prudence that a reasonable person would have under the same or similar circumstances. The various types of negligence parties can be liable for include failing to adequately inspect the product, failing to have proper warning labels or instructions, and any other stages of the product's developmental process.
Breach of Warranty: In most circumstances, products come with implied warranties when they are purchased. These types of warranties are "implied," because implied warranties remain effective even if they were not expressly stated when the products were sold. Implied warranties offer purchasers protections against product defects. For instance, the warranty of merchantability warrants or promises that the goods are in proper condition and free of defects. If a product is defective then the implied warranty of merchantability, for example, is triggered and the buyer often times has the right to return the item and request a return of the purchase price or receive monetary damages.
Misrepresentation: When a manufacturer or seller intentionally or negligently misrepresents the dangerous aspects of the product during the promotion or advertisement of the product, then the plaintiff may be able to sue the manufacturer or seller for the injuries that resulted due to the concealment. The plaintiff must be able to establish that he or she relied on the misrepresentation.
Strict Liability: This type of liability is known as "liability without fault," because regardless of whether the defendant exercised the proper level of care, the defendant will be held responsible if the product is proven to be defective. To succeed on a claim of strict liability, plaintiffs must demonstrate that (1) the product defect caused the plaintiff injury, (2) the product was being used in a manner that was consistent with the product's intended use, and (3) the product was not substantially modified from the time the product left the seller or manufacturer. Additionally, any individuals who were injured by the product, such as bystanders and guests, and not just the buyers of the product, may sue the manufacturer or seller based on a strict liability theory.

Examples of Products with Defects
Many people initially think that to file a products liability action the only types of products that qualify are small, tangible objects. However, in actuality "products" has a broader meaning and can include foods, airplanes, animals, houses, or buildings. Some objects that have been found to be defective include:

Nestle Toll House Prepackaged, Refrigerated Cookie Dough: On June 19, 2009, the Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) warned consumers who purchased Nestle Toll House refrigerated cookie dough to not eat the product because there was a risk that the product was contaminated with a strain of E. coli. E. coli is a bacteria that can cause painful symptoms such as vomiting and diarrhea.
Defective Drugs/Pharmaceuticals: The FDA frequently issues public alerts regarding a variety of drugs that are found to be defective. One recent case involves Zicam nasal products that contain zinc, which have led to individuals losing their sense of smell. For further information, see the Zicam page of this website.
Medical Devices: Defective medical devices can cause devastating injuries and fatalities. For example, some patients who have used the Ortho Evra birth control patch, which is manufactured by two major pharmaceutical companies, Johnson & Johnson and Ortho McNeil, have experienced blood clots and strokes.

If you or someone you care about has been injured after using a defective product, contact the National Justice Coalition to be connected with an experienced attorney in your area for an evaluation and assessment of your specific case.