Manufacturers of goods and storeowners who sell goods have a responsibility to consumers to provide safe products. Persons harmed or who suffer loss caused by unsafe or defective products may hold the manufacturer or seller accountable for such harms or losses when there is sufficient proof that the product is either defective or inherently dangerous. If a product was used as it was intended when the injury, death, or loss occurred, the manufacturer and sometimes the designer, distributor, wholesaler or retailer may be liable to the consumer for such injury, death, or loss.
Whether the product is a hairdryer, drug, or an automobile, the manufacturer must make sure that the product is designed and made safely, that quality control systems prevent defective products from entering the market, and that adequate directions and warnings are available to protect consumers.
To learn more about specific types of product liability, click one of the following links:
Vehicle
Recalls
Every
year, tens of thousands of automobiles get recalled by
manufacturers or by the National Highway Traffic Safety
Administration for repairs of safety-related flaws. Many
times these recalls come only after consumers have
suffered serious or fatal injuries, as in the case of the
Ford Explorer rollovers that have killed hundreds through
a combination of vehicle design flaws and defective
tires.
Vehicle
manufacturers are required by law to notify owners of
vehicle recalls. Many manufacturers, however, are lax
about low consumer repair response to these recall
notices. Federal authorities can require manufactures to
send out second notices to help ensure that all owners
are made aware of their vehicle's safety hazard, but
often do not do so.
Consumers
who have been injured or lost loved ones as a result of a
car accident caused by faulty vehicle design or
manufacture may be entitled to substantial financial
compensation from the vehicle manufacturer. Our firm is
experienced in product liability litigation and the Law
Office of Ryan Krebs, M.D., J.D. may be able to help you
seek compensation.
Defective
Tires
Properly
designed and manufactured tires are critical to vehicle
performance and safety. Poorly designed or defective
tires can cause deadly automobile accidents, including
vehicle rollovers and roof crush. Tire blowouts and tread
separation are among the most common causes of vehicle
accidents.
In one
of the largest tire recalls in American history,
Firestone/Bridgestone recalled millions of tires in
August 2000 after numerous reports of fatal accidents
involving sport utility vehicles (SUVs), in particular
the Ford Explorer. Those who have suffered serious
automotive accidents as a result of defective tires, or
whose families have lost a loved one to such accidents,
have the right to pursue legal action to claim
compensation for their damages. Contact our product
liability lawyers for legal assistance with your
claim.
Defective
Seat Belts
Many
statistics have shown that wearing a seat belt can
significantly lower your risk of injury during a motor
vehicle accident, and almost all states require drivers
and passengers to wear seat belts. For this reason,
manufacturing defects that cause seat belt failures
during an accident represent a betrayal of the public's
trust by the automobile manufacturing industry.
When a
seat belt fails to serve as a restraint during an auto
accident, a driver or passenger may suffer more severe
injuries because of the product defect than they
otherwise would have experienced. Many people are maimed
or killed each year as a direct result of seat belt
failures. The automobile manufacturer may be legally
liable for these damages. Our product liability attorneys
are best able to evaluate such cases and advise people of
their legal options.
Defective
Air Bags
Since
they first became standard in many vehicles in the 1980s,
air bags have saved thousands of lives. Defective air
bags, on the other hand, may not only fail to protect
vehicle occupants during an accident, but they may also
cause more serious injuries than would otherwise have
been sustained. If an air bag is improperly designed or
installed, fails to inflate upon collision, or inflates
or explodes with improper air pressure, severe injury or
death may result.
Vehicle
manufacturers are liable for ensuring the safety of the
air bags they install in their vehicles. Drivers or
passengers who have suffered injury as a result of a
defective air bag have the right to sue the vehicle
manufacturer for compensation.
Roof
Crush
The
ability to withstand roof crush is one of the important
factors that determine how safe a vehicle will be in a
rollover accident. SUVs are the most likely vehicles to
experience rollovers and, unfortunately, many have a high
propensity for roof crush during an accident. Roof crush
occurs largely as a result of defective roof design, in
which the vehicle roof is unable to withstand the forces
applied to it during a rollover.
When a
roof collapses, there is less room for the driver and
passenger. The collapsing roof strikes their heads and
necks, which frequently causes paralysis or death. When a
roof crushes, there is also a greater likelihood of the
passenger being ejected, which further increases the risk
of serious injury or fatality.
Persons
injured or killed by a roof crush during a rollover
accident may have been the victims of defective roof
design. Our experienced product liability lawyers may be
able to help victims and their families receive much
needed financial compensation for their
injuries.
Crashworthiness
Crashworthiness
is one aspect of vehicle safety; (the other being
accident avoidance equipment). It deals with design and
manufacturing features that protect drivers and
passengers in the event of a collision. Crashworthiness
features include seatbelts, air bags, roll bars, side
impact bars, and "crumple zones."
Vehicles
may be uncrashworthy due to manufacturing defects (e.g. a
defective air bag that does not fully inflate in the
event of a crash) or design defects (roll bars that are
not placed in an appropriate location). Vehicle
manufacturers are responsible for the crashworthiness of
their vehicles, whether they are aware of potential
safety hazards or not. If a vehicle occupant is injured
in an accident due to crashworthiness defects, he or she
may be entitled to financial compensation from the
vehicle's manufacturer. To learn more, contact the Law
Office of Ryan Krebs, M.D., J.D. Our product liability
attorneys are experienced in this area of
litigation.
Road
Defects
Defects
in either road design or maintenance can lead to serious
or deadly vehicle accidents. Failures in road design such
as unsafe dividers and curves, poorly supported
construction, or unclear traffic signs can put drivers at
risk. Likewise, major road defects, including missing
manhole covers, large cracks and potholes, deteriorating
road surfaces, or blocked storm drains can be equally
hazardous.
If a
serious automobile accident occurs as a result of a road
defect, the victim or their family may be entitled to
financial compensation from the construction company,
municipal government, or other responsible level of
government. If you or a loved one has been injured
because of a defective product, contact the Law Office of
Ryan Krebs, M.D., J.D. Our product liability lawyers may
be able to help you seek the restitution you deserve.
Defective
Child Restraint Seats
It is
harsh reality--and completely unacceptable--that many of
the child restraints used to protect our children from
harm are, in fact, defective. Although these restraint
systems are required to undergo dynamic testing by the
National Highway Transportation Safety Administration
(NHTSA) and to meet Federal Motor Vehicle Safety Standard
213, many of these seats still fail to meet important
safety standards.
Defects
in child restraint seats such as inadequate lateral
support, weak shell material, unclear instructions, and
lack of torso restraint are responsible for killing
hundreds, even thousands, of children each year. Parents
of children who have been harmed or killed while riding
in defective child restraint seats are entitled to bring
suit against the manufacturers of these child restraints.
Contact our product liability attorneys for legal
assistance with your case.
Children's
Products
In
2003, the U.S. Consumer Product Safety Commission
announced 80 recalls of toys and other children's
products due to safety hazards. Among the products that
violated mandatory safety standards were toys, cribs,
bicycle helmets, playground equipment, and bunk beds.
Defective children's products such as these result in
numerous childhood injuries and fatalities every year.
Manufacturers
of dangerous children's products need to be held legally
responsible for their actions, both to prevent such
tragedies from happening to other families and to provide
families of injured children the financial means to put
their lives back together. For comprehensive legal
guidance, contact our firm today. Our attorneys can
review these product liability cases and help protect a
family's legal rights.
Household
Products
Many of
the common household products that Americans use every
day, from cleaning supplies to electrical appliances, can
be hazardous or deadly. Faulty or inappropriately labeled
products result in thousands of consumer injuries and
deaths each year.
Items
such as paint removers, cleaning fluids, and garden
sprays often contain highly toxic ingredients. And while
The Federal Hazardous Substances Labeling Act (FHSLA)
requires manufacturer labels to list ingredients that
might pose an immediate health hazard, no such labeling
requirement exists for ingredients with possible
long-term or chronic health consequences.
Many
other faulty household products can cause serious
consumer injuries. Electric blankets, toasters, and
barbeques have been known to cause fires and serious burn
injuries to consumers. Unstable house furnishings, such
as heavy bookcases or dressers, that tip over easily have
injured or killed many victims, particularly small
children climbing on them. Defective children's toys and
products are another common source of injury in the home.
Medical
Products & Devices
The
Food and Drug Administration (FDA) regulates the safety
of medical products and devices. Companies that
manufacture and sell these items must ensure that their
products meet all safety requirements and will not harm
patients.
Unfortunately,
there are numerous examples of defective medical products
or devices that have injured or killed unknowing
patients. In 2000, Sulzer Orthopedics withdrew its widely
used hip implant because a loosening of the shell within
the device was causing pain, difficulty walking, and the
need for secondary surgery in hip implant patients.
Sulzer has also experienced problems with its knee
implant products. In 2001, Baxter Healthcare Corporation
voluntarily recalled dialysis filters after the deaths of
more than 50 kidney dialysis patients worldwide.
Patients
injured by faulty medical devices or products from
Sulzer, Baxter, or any other medical product manufacturer
may be entitled to financial compensation for their
injuries. If you have been injured by a dangerous or
defective medical product or device, the Law Office of
Ryan Krebs, M.D., J.D. may be able to help.
Frequently
Asked Questions
Q:
What is a defective product?
A: A
defective product is one that causes injury or damage to
a consumer because of a defect in the product, its
labeling or marketing such as a failure to warn about
dangers, and/or the way the product is used.
Q:
What is the basis for a product liability
claim?
A: A
successful products liability claim is based on a
manufacturing defect, a design defect, or inadequate
warning of danger known to the manufacturer or seller.
Q:
When is a manufacturer liable for injury caused by a
defective product?
A: A
manufacturer is liable if the design allows for an
unreasonable amount of danger to consumers or there is a
failure to warn of such danger.
Q:
Is a store that sells a defective product
liable?
A: A
store can be liable if it does not take proper steps to
inspect the safety of the product.
Q:
What do I do if I'm injured?
A:
Contact an attorney immediately. Evidence must be
gathered and secured. If too much time is taken, evidence
can disappear or be altered.
Q:
What damages are recoverable in a defective product case?
A: A
successful products liability case may entitle the
injured to compensation for lost wages, lost earning
capacity, physical pain and mental anguish, impairment,
disfigurement, medical expenses, and property damage
resulting from the usage of the defective product.
Punitive damages are also available for different
reasons.
Q:
Who else can be responsible besides the
manufacturer?
A: In
addition to either the manufacturer or seller having
liability for a product, any repairer of a product can be
liable for the product.
