As technology advances, doctors and surgeons can do more every day to help those who are ill or injured. However, sometimes the drive to profit from technological advances causes medical professionals to use defective medical products and devices, which cause harm instead of healing.
When people are injured as a result of defective medical products and devices, the law provides means for them to seek compensation for their losses, including financial or economic loss, and for their pain and suffering. In most cases, a defective medical product lawsuit, known as a “product liability claim,” is the only legal remedy available. Seeking compensation is demanding justice for the unjustly injured.
Ken Stern and the attorneys of Stern Law, PLLC, take on faulty medical product cases for injured patients and their families from across the United States. Defective medical device claims are complex cases that often take on large and powerful corporations, but they can be won. Stern Law has brought justice home for many people like you and your loved ones.
Our legal representation is personalized and uniquely tailored to address the needs and concerns of each of our clients. Let Stern Law speak for you.
Below are listed several Product liability cases:
Automotive Product Liability
- Keyless Key Fobs
- EcoDiesel Fraud
- Nissan Takata Airbags
- Ford Powershift Transmissions
- Honda Takata Airbags
- GM Ignition Switches
Answers To Your Questions About Product Liability Cases
A product liability lawsuit is a case that is filed against a manufacturer of a device or product that causes property damage and/or injuries to its users. Essentially, it allows victims to seek compensation for (i) all physical injuries and property damages sustained as a result of a defective and unreasonably dangerous products and (ii) the failure of the seller or manufacturer to warn consumers about the inherent risks associated with the use of their products.
Generally, there are three alternative types of legal claims that are brought in product liability lawsuits. These are (i) strict liability; (ii) negligence; and (iii) breach of warranty. Depending upon the specific set of circumstances, all three claims may be raised against a product manufacturer in a single lawsuit.
Strict liability is a legal theory that holds individuals or corporations accountable for physical injuries and/or property damage that occur as a result of the defective products that they create or sell. The defects may be present in the product’s packaging or containers, stem from its design or by virtue of the manufacturing process, or manifest as a result of the safety or use instructions associated with the specific product or device. When raising a strict liability claim, it is not necessary for the claimant to prove that the product manufacturer or seller acted negligently.
Negligence, in the context of a product liability lawsuit, is a legal theory that refers to the breach of a duty of a manufacturer to warn or make safe the products that it releases to the public. Said legal duty extends to the manufacture, assembly, use instructions and warnings about the nature of the product or device. In a negligence case, a plaintiff typically must prove that the manufacturer breached its duty of care to the public by providing unreasonably harmful products for consumer use.
A warranty is an express or implied representation to the public about the quality or fitness of a certain product. The most common warranties are that a product is fit for ordinary purposes or for the purposes in which they were specifically intended. When a manufacturer breaches a warranty, it means that their product failed to perform as expected or represented to consumers.
The specific types of damages with which a person may pursue in a products liability lawsuit depend upon the laws of the state in which they reside. Generally speaking however, a person injured as a result of a defective product may seek monetary damages for medical expenses, out-of-pocket costs, pain and suffering, loss of income, and more. It is crucial that you contact the attorneys at the Stern Law, PLLC to learn more about your legal options in this regard.
In order to prevail on a product liability claim, you must successfully prove that a manufacturer’s product specifically caused your injuries. If you fail to do so, your case will likely be dismissed on the merits. Since you generally have only one chance to pursue a lawsuit against a manufacturer for causing your injuries, it is crucial to hire an experienced product liability to represent you. Only a skilled attorney knows how to effectively handle the complexities of these types of cases in terms of proving causation and strategically dealing with opposing counsel. It is never recommended that a person simply give up or attempt to take legal matters into their own hands. Without an attorney by your side, you could end up sacrificing your rights and the ability to obtain the compensation you deserve for your injuries. Contact attorney Ken Stern at Stern Law, PLLC today to learn more about your legal options.
Do You Have a Product Liability Claim?
Stern Law can help if you believe a faulty medical product was the cause of your or your loved one’s injury or death. Our firm can help to investigate the circumstances of your case and what is known about the device, product, drug or treatment involved.
Generally, to pursue a product liability claim we would have to establish that your injury was the result of a manufacturing defect and/or a design defect in a medical product, and that there was a failure to warn consumers of the potential danger caused by use of the product.