Every day across the United States, thousands of people are injured or killed by using a dangerous or defective product. Product manufacturers, sellers, and distributors have a responsibility under Federal Law to provide safe products for consumers. When a consumer purchases a product, they are supposed to do so with the trust and knowledge that the product is safe to use. As many unfortunate individuals discover, this is not always the case and serious injuries and even death can result from using a product that turned out to be defective or dangerous.
If you or a loved one has been injured or killed because you purchased a product that was defective, you should speak with a Santa Clarita personal injury lawyer at our firm. Our lawyers are familiar with product liability laws and know how to effectively apply these laws to your personal injury or wrongful death suit. As long as the product was not significantly altered from its original state and it was used the way it was intended to be used, product liability action may be taken.
Typically, when a victim suffers injuries from a dangerous product, it is due to three possible defects. The first of those defects originates during the design process of the product. Unfortunately, if a product is defectively or dangerously designed, the risk of danger is inherent despite how carefully the product is manufactured or marketed. Design defects have caused some of the most devastating, large-scale injuries in the field of product liability. The second type of product defect occurs during the production of the merchandise. These defects are typically traced back to negligent workmanship or the use of poor-quality materials. Although manufacturing defects may have been caused by just one worker, the manufacturer is still responsible for the quality of their product and can be held responsible for dangerous defects. Lastly, in the event that a product's design contains unavoidable risk of danger, it is the responsibility of the manufacturing company to warn of that risk. Marketing defects, also known as the failure to warn, lead to the unsafe use of a product. Some products carry risk of danger by their very nature, such as kitchen knives. It is the duty of the manufacturer to provide adequate, understandable instructions and warnings as to the proper use of their product in order to avoid injury by use of the product as much as possible.
In the case that any of these defects lead to the injury of one or more users, legal action may be called for in order to hold the manufacturer responsible for their negligence and repay their consumers for the injury that their product caused. Product liability claims can be extremely difficult because the manufacturer is likely equipped with strong legal representation. Therefore, a successful claim calls for the utilization of an experienced personal injury attorney to represent the interests of the injured parties.
Although the Food and Drug Administration (FDA) examines all major pharmaceuticals and medical devices before they reach consumers, many potentially dangerous products are approved. How is this possible? In some instances, pharmaceutical and medical manufacturers are found to be guilty of concealing information from the FDA. Although some manufacturers know of the risks associated with their product, they choose to lessen the appearance of those risks in order to make a profit. Some medical products are also approved by the FDA through what is known as the 510(k) "fast track" approval product. Take transvaginal mesh, for example.
For years, synthetic surgical mesh was used to repair hernias with little to no complications. Since this mesh was already being successfully used in surgical procedures, the FDA approved the product for use to treat conditions such as pelvic organ prolapse (POP) with minimal testing. As a result, thousands of women received the mesh implants transvaginally, but many of these women experience a high failure rate which led to extreme pain, corrosion of the mesh and additional corrective surgeries. Although this is not the only way for dangerous medical products to reach consumers, it is a possibility.
Dangerous products can cause injuries ranging from mild to severe, and we want you to know that regardless of the severity of your injuries you may be able to file a product liability claim against the responsible party. The legal process of bringing a claim or lawsuit against a large product manufacturing company may be difficult and seem impossible to do on your own. Thankfully, you don't have to. The Santa Clarita product liability lawyers at The Law Offices of Gerald L. Marcus take a stand for the rights of those that have been wronged. If this describes you, and you would like to seek legal action due to injuries you sustained in conjunction with a dangerous product, contact us today!