Protecting You From Dangerous Drugs and Goods: Products Liability
When you purchase goods from a store or you are using a certain type of medicine that has been prescribed to you, you expect it to be safe and keep you from harm. You get products so that you can enjoy them and so that they can save your life or give you proper treatment. Nobody ever expects for a product to cause them harm in any way; unfortunately, many Americans are surprised to find that this is the case every year across the country. When a product causes you harm, you have a right to compensation. At the McGuire Law Firm, we want to help you recover.
We have helped pursue justice for many people in a variety of product liability claims, including ones that involve items such as the following:
- Appliances that cause shock and fire hazards
- Crash hazards from ATVs and other equipment
- Baby strollers that collapse
- Children’s car seats
- Toys with choking hazards
- Toys with lead paint
- Medicines with alleged harmful side effects
Bringing a Defective Product Suit
When you have used a defective product and it has caused you harm, you will need an attorney to stand on your side and help you retain your rights during this difficult time. There are three types of claims that you will be able to make: defectively manufactured products, defectively designed products, and products that did not give adequate warning of harm.
Defectively Manufactured Products: These are the most common types of claims that are brought every year throughout the U.S. These claims arise when there is a problem with how the product was manufactured. Perhaps there was an error or glitch in the making of the product that made it inherently dangerous, such as a defective batch of medicine that had a harmful substance in it, which could make you sicker rather than healing you. The same can be said for the many vehicles that have defective parts every year, such as airbags that don’t deploy or brakes that don’t work correctly.
Defectively Designed Products: Sometimes, a product is designed defectively as well. Maybe the product was made according to the manufacturer’s specifications but has become characteristically dangerous in other ways. An example of a defect in the design of a product could include a range of sunglasses that promises to protect your eyes from UV rays but fails to do so. Another example is an electric shaver that electrocutes the user when they turn it on high.
Failure to Provide Adequate Warnings: In the last type of product suit, perhaps a product did not come with adequate warnings on how to use the product and it has led to various injuries in consumers. For instance, maybe an energy drink can cause harm to those who drink it, such as heart-related side effects, but they do not put these warnings on the side of the can, As a result, somebody with a heart condition dies when they drink it.
As you can see, many of the products that we took a closer look at are those that we use in our everyday lives, like the clothing we wear and the clothes that we drive. However, at the McGuire Law Firm, we focus on more than just consumer goods – we also handle cases that involve medical products that are defective and could cause harm to users.
Defective Drug Liability Suits
The U.S. Food and Drug Administration (FDA) must approve all drugs and medical devices before they are sold on shelves in the U.S. So what happens if a manufacturer or other party does not abide by the laws and you suffer injuries or illness as a result? Do you have a claim?
An outright defect in a certain drug, improper labeling for use and more could cause a user physical, emotional, and psychological harm. In many cases, you may wonder if you have to bring a claim against the FDA but this is not so – you would typically bring a claim against the manufacturer, who sold a drug even though it had adverse effects.
Some of the defective drugs that have been causing harm over the years include artificial hips and knees, cardiac stents, IUDs, prosthetic limbs, and more. There are also many types of medicines that have caused harmful side effects such as Paxil, which caused suicidal thoughts and birth defects, and Avandia, which caused heart failure in some patients. If you have suffered harm due to a medicine that was supposed to protect you, you might have a case.
Who is Liable?
One of the biggest questions many people have is: Who is liable for my product liability claim? There are many parties that could be liable in the chain of distribution, which is why you want to be careful when making your claim so that you name the right parties when you are trying to gain compensation. These include the following:
Manufacturer: Sometimes, the manufacturer could be a company across many countries or somebody who works out of a small workshop. If you have been injured due to a defective product in a vehicle, you would probably name the manufacturer of the part as well as the manufacturer of the entire vehicle brand. If you have been injured by a defective toy, you would just name the toy company in many cases. But be careful, as there are many people who work together in manufacturing at times.
Retailer: Perhaps the store where you bought the product is liable for your injuries. You don’t have to be the user of a product to file suit against the company that sold the product. For instance, perhaps you were using a product that your friend owns and you have been injured. Even though they own the product, you can still file the claim.
Wholesaler: There could be wholesalers in the midst of your claim as well. If they are involved in the chain of distribution in some way, then they could be potentially liable.
If you have been injured in some way by a defective product, you have rights. We can answer all of the questions you have during these trying times as you work through your claim and attempt to receive compensation after a company has manufactured a harmful product or did not put a sufficient warning on a product. At the McGuire Law Firm, we want to help in your time of need. Call us today for more information at 888-352-0624.