Product Liability

Any product we buy or use may, in some way or form, come under scrutiny if it results in harm to people. It can be as simple as a toy malfunctioning or as serious as a defective medical device.

When we first think of product liability lawsuits, big-ticket items like cars may come to mind. In recent years, General Motors (GM) and its faulty ignition switch made headlines for months. GM’s recall affected millions of vehicles. In addition, questions regarding the company’s culpability reached as far as the Department of Justice and the federal court system.⁽¹⁾

Aside from the automobile industry, the medical devices industry is responsible for significant harm to thousands of patients in some cases. For instance, manufacturers of hip, knee, and elbow implants; surgical mesh; and surgical instruments have been the target of multiple lawsuits in recent years.

People who undergo surgery and receive an implant of any kind face numerous risks. If the defective medical implant fails, it may require a patient to undergo additional revision, or corrective, surgery.  Injuries and costs for these types of defective medical products can be significant, especially when pain and suffering are considered.

Wide Range of Products Can Cause Harm

Product Liability
Whatever the product or its size, as consumers we have reasonable expectations about what that product is supposed to do. We expect products to be safe if we use them for their intended purpose.”

Even products that are not big-ticket items, such as a car or a medical implant, can cause severe injury. In reality, every single product we buy could potentially involve the question of product liability — talcum powder, tires, household appliances, football helmets, hair dye, and flooring products.

Defective football helmets could cause in severe head trauma. Even something as basic as talcum powder has been at the center of serious lawsuits in recent years, with some people claiming the powder caused ovarian cancer.

Whatever the product or its size, as consumers we have reasonable expectations about what that product is supposed to do. We expect products to be safe if we use them for their intended purpose.

Particularly concerning are products intended to keep us safe that turn out to be unsafe, such as smoke detectors that malfunction, fire alarms that fail to alert, and airbags that injure rather than protect. In recent years, you may recall Takata’s faulty airbags, which were installed in millions of vehicles nationwide.

In that instance, the faulty airbags could potentially explode upon inflation, and some did. The result: metal debris was sent flying, causing injury to those exposed. Some people even died from their injuries.

When we get injured or suffer harm while using or being exposed to a product, we may be able to seek compensation or restitution from the manufacturer. We can also ask for compensation from other contractors or businesses that played a role in making, distributing, and selling that product.

If you purchased a product that injured you or a loved one in some way, we encourage you to contact an experienced attorney, such as one of Weitz & Luxenberg’s product liability attorneys. With more than 30 years of handling large, often complex product liability cases, Weitz & Luxenberg can help you consider your legal options.

For a free initial consultation, we invite you to contact us by phone by calling (833) 977-3437, or you may complete one of our online forms. One of our representatives will be in touch with you shortly.

What Are the Grounds for a Product Liability Case?

No federal product liability law exists protecting consumers from defective products. Instead, states create their own product liability statutes.

Basically, however, you may be able to file a product liability lawsuit if:⁽²⁾

• The product’s manufacturer designed a defective product.
• A defect occurred in the manufacturing of the product.
• The product’s marketing claims, warrantees, or guarantees were false or misleading.
• The product harmed you or a loved one during normal use.
• The instructions for using the product were incomplete or unclear, and you or a loved one was injured.

Consumers should be able to expect products to do what manufacturers designed the products to do. In addition, if products provide instructions and safety precautions regarding how the product should be used, consumers should expect to remain safe while using that product accordingly.

The words “harm” and “injury” can refer to an obvious physical injury or death resulting from using or being exposed to a defective product. Sometimes the injury can be debilitating, such as a spinal cord injury resulting in paralysis, brain trauma, blindness, or scarring.⁽³⁾

If a vehicle is defective by design, it could tilt and roll over easily, seriously injuring not only everyone in that vehicle but also drivers and passengers in other cars. Potentially, that defect could be implicated in causing wrongful deaths and multiple life-threatening injuries.

Besides physical harm, people can suffer economic or emotional injury as well as damage to property. For example, a malfunctioning smoke detector could result in loss of property and lives.⁽⁴⁾

Whether your injury is physical, emotional, financial, or all of these, you may have grounds for a product liability lawsuit. To evaluate your situation further, we advise you to contact a law firm with experience handling product liability lawsuits, such as Weitz & Luxenberg.

Our attorneys handle consumer fraud and product liability litigation on a large scale, whether it affects one person or thousands of consumers have been victimized. We also have a dedicated team of attorneys who specifically handle defective drugs and medical devices.

Whatever your specific circumstances, our attorneys have been trained to handle a wide variety of product liability lawsuits. We can assist you in evaluating your situation and the legal actions available to you.

Determining the Responsible Parties in a Product Liability Lawsuit

Product liability lawsuits can be complex because they may involve multiple businesses or contractors:^{(5) (6)}

• The manufacturer that designed a defective product.
• The manufacturing plant where a product was made or assembled.
• The people or businesses that marketed the product and provided false or misleading information that resulted in injury or harm.
• The people or businesses that distributed and sold a defective product.

Even before a product is manufactured, the design may be defective. Sometimes, there may be something inherently faulty about the product’s design.

Some defects may occur during the manufacturing or assembly process. The design of the product may be fine, but cracks or other defects could be introduced at the manufacturing plant. In the case of food items, for example, the manufacturing plant may contaminate the food product being prepared and packaged.

When it comes to marketing and promoting a product, the people involved may mislead consumers about its dangers or effectiveness, including medical devices or drugs. Improper labeling, incomplete or confusing instructions, or insufficient safety precautions and warnings can be considered grounds for a product liability lawsuit.

Weitz & Luxenberg Attorneys Have Experience in Product Liability Lawsuits

For over 30 years, Weitz & Luxenberg has handled cases involving everything from defective hip and knee implants to automobiles problems. Because we are a national firm, our attorneys are available across the country and are fully prepared to take on tough, large-scale cases involving industry giants.

Weitz & Luxenberg has stood up to Johnson & Johnson, Volkswagen, General Motors, Proctor & Gamble, Ford, and others who have created, manufactured, distributed, and sold defective products.

Weitz & Luxenberg was one of the first law firms to take legal action against Volkswagen for its consumer fraud debacle. Volkswagen had programmed its diesel vehicles to override emissions tests, testing lower for noxious emissions than the vehicles really generated.

Because our attorneys are dedicated to handling product liability cases, including defective drugs and medical devices, we have a solid history of winning. Some of our recent victories, and those where we combined forces with other law firms, include:

• $14.7 billion settlement against Volkswagen.
• $2.5 billion settlement against DePuy Orthopaedics for defective hip implants.
• $1 billion-plus settlement against Stryker Orthopaedics for defective hip implant parts.
• $20 million verdict against an industrial products manufacturer.

Why Hire Us for Your Product Liability Injury?

Weitz & Luxenberg is a product liability law firm with over three decades of representing clients harmed by defective products. In most cases, the product is inherently defective; for example, a poorly designed knee or hip implant.

With national recognition and 500 attorneys, paralegals, and support staff members, Weitz & Luxenberg is committed to helping people across the country who have been harmed by defective products and services. Over the years, we have assisted more than 50,000 clients across the United States, securing compensation of billions of dollars on their behalf.

If you have experienced harm or injury from a defective product, we encourage you to call us now at (833) 977-3437 or fill out the form on this web page, requesting to speak to one of our attorneys.

While our past record doesn’t guarantee future success, it is something you may want to consider when evaluating our experience.