Has a defective product caused painful physical injuries or the devastating loss of a family member? Don’t let a company off the hook for putting a dangerous product on the market. You could be entitled to a financial compensation, and the experienced product liability lawyers at Bailey Glasser, LLP are ready to help you maximize your financial recovery.
Since 1999, Bailey Glasser, LLP has been a fearless and passionate advocate for injured consumers and grieving families. We know that many large corporations believe they’re above the law and will do just about anything to stand between a victim and the compensation they deserve. Our trial attorneys level the playing field, giving clients the opportunity to be heard and assert their legal rights.
We’ve achieved billion-dollar results for clients in 40 states and Washington, D.C., in the process.
Benefit from an experienced and compassionate team of litigators who are dedicated to looking out for your best interests. Call our law offices – with 19 convenient locations throughout the nation – to learn more. We offer a free confidential case evaluation, so contact us to get started today.
What is Product Liability?
There’s simply no way to independently test and verify every product that’s used or sold in the United States. So, it falls to manufacturers and retailers to ensure that the products they design and sell are safe for consumers to use.
States have product liability laws in place to emphasize this responsibility. If a company designs, manufactures or markets a defective product, it can be held strictly liable for resulting injuries or deaths. Claims of product liability can also be based on negligence or breach of warranty of fitness.
While product liability law is inherently nuanced, there are three main types of product liability claims.
They are: design defects, manufacturing defects, and marketing defects.
Design defect
A design defect exists when a product is inherently unsafe. Consumers are always at an increased risk of harm because of an issue with the product’s design. It doesn’t matter how carefully the product is assembled or how extensively it’s tested – it’s going to be dangerous because of an element of its design.
Manufacturing defect
Manufacturing defects exist when a product is unsafe because of the way it is constructed, built, or assembled. A deviation from the product’s design exists, making the product unsafe to use.
Marketing defect
Marketing defects – often referred to as failure to warn – involve situations when a company fails to disclose known (or foreseeable) risks associated with the use of a product that a consumer might not discover.
Types of Product Liability Cases
At Bailey Glasser, LLP, we represent clients in product liability matters involving defective:
- Medical equipment
- Medical devices
- Firearms
- Vehicles/vehicle components
- Work equipment and heavy machinery
- Explosives
- Household products
- Personal care products
- Prescription medication
- Over-the-counter medication
Don’t hesitate to reach out to our personal injury attorneys for help if you’ve been injured or suffered the wrongful death of a family member because of a defective product.
We’re always standing by to offer the support and guidance you need.
Elements of a Successful Product Liability Lawsuit
Product liability cases are, most often, a matter of strict liability.
Strict liability means that a company can be on the hook for your injuries and suffering even if they weren’t negligent.
In a product liability matter, you’ll have the burden of proving:
- The company designed, manufactured, and/or marketed a product
- You used this product as intended or in a reasonably foreseeable way
- The product was defective, rendering it unreasonably unsafe for you to use
- You suffered injuries or the death of a family member because of this defect
Our product liability lawyers will carefully investigate and analyze the circumstances of your case, working hard to gather evidence and build a strong claim on your behalf. We’ll take a detailed approach, working closely with respected industry experts and specialists throughout the process.
Statute of Limitations for Product Liability Lawsuits
You will not have an unlimited amount of time to file a product liability lawsuit. States have statutes of limitations that present a set window of time in which a legal claim for damages can be filed.
The statute of limitations for product liability matters varies from state to state, ranging from one to six years.
The clock begins to run on the date you are physically injured, a victim’s date of death, or the date an injury is discovered through reasonable diligence, whichever is later.
Many states also have statutes of repose, which establish a ceiling for all defective product claims. This means that claims cannot be brought once the arbitrary deadline expires, even if an injury has yet to be discovered.
Damages Available to Victims Injured By Defective Products
When a company puts a dangerous product on the market, it can be held legally responsible for resulting compensatory damages.
Compensatory damages are divided into two categories.
Economic damages are awarded to make you financially whole and can include money for:
- Present and future medical expenses
- Lost wages and income
- Lost job opportunities
- Reduced earning capacity
- Disability
- Property damage
- Personal care assistance
- Rehabilitation
- Funeral bills
Non-economic damages are paid to compensate for unexpected and traumatic life changes you experience after you’re injured:
- Pain and suffering
- Chronic physical pain
- Emotional distress
- Disfigurement
- Embarrassment
- Loss of consortium
- Loss of enjoyment of life
Punitive damages – which are awarded for the sole purpose of punishing a defendant for their reprehensible actions – can also be available in some product liability cases. This is most often true when a company intentionally conceals evidence of potential risks or defects.
How Bailey Glasser, LLP Can Help With your Product Liability Lawsuit
You got hurt because a product was unreasonably unsafe, and a company allowed it to get into your hands. The good news is that you can file a product liability lawsuit and seek compensation for your injuries and suffering. You don’t have to take on a large corporation on your own. Don’t let their resources or perceived power stand between you and the compensation you deserve.
Call Bailey Glasser, LLP, and discover how our product liability attorneys can help you maximize your financial recovery.
We provide a free consultation and work on a contingency fee basis. There’s absolutely no cost to hire our law firm unless we win your product liability case. Call our law firm – with offices conveniently located across the nation – to arrange a time for your initial case assessment today.