FAQ

  • Common Types of Defective Children's Products

    • Toys
      This category includes a wide range of products such as dolls, action figures, stuffed animals, building blocks, electronic toys, and games. Injuries can occur if a toy breaks apart easily, has sharp edges, contains small parts that pose a choking hazard, or contains toxic materials.
    • Cribs and crib accessories
      Cribs and related accessories such as crib mattresses, bumpers, and mobiles are subject to safety standards to prevent injuries such as entrapment, suffocation, or strangulation. Defective designs or manufacturing errors can lead to accidents.
    • Strollers and car seats
      These products are essential for transporting infants and young children safely. Defective buckles, harnesses, or structural components can result in accidents causing injuries in the event of a collision or even during routine use.
    • Baby carriers and slings
      These products allow parents to carry their infants while keeping their hands free. However, poorly designed or defective carriers can lead to falls or suffocation if the infant's airway becomes obstructed.
    • High chairs and booster seats
      These products are designed to help children eat safely at the table. However, defects in the design or construction can lead to collapses or tipping over, resulting in injuries.
    • Children's furniture
      Items such as changing tables, dressers, and chairs are designed specifically for children's use. Tip-over accidents due to unstable furniture or entrapment hazards due to poor design can lead to injuries.
    • Baby walkers and jumpers
      These products are designed to entertain and help babies develop motor skills. However, they can pose risks such as falling down stairs or tipping over if not properly designed or used.
    • Teething toys and pacifiers
      Products intended to soothe infants during teething can pose choking hazards if they break apart easily or contain small parts. Pacifiers with design flaws can also present choking risks.
    • Clothing and accessories
      Defects in children's clothing, such as loose buttons, drawstrings, or flammable materials, can pose safety hazards. Additionally, accessories like hair clips or jewelry may contain small parts that can pose choking risks.
    • Playground equipment
      While not strictly products meant for indoor use, injuries related to defective or poorly maintained playground equipment can also lead to child product liability cases. These injuries may include falls, entrapment, or collisions with other children.
    • Baby bottles and feeding accessories
      Defective bottles or nipples can pose choking hazards if they break apart or if small parts detach. Similarly, poorly designed feeding accessories like bottle warmers or food processors may pose risks if not properly manufactured.
    • Baby monitors and safety devices
      Products designed to monitor infants or keep them safe, such as baby monitors, baby gates, and cabinet locks, can pose risks if they malfunction or if their design is inadequate.
    • Bathing products
      Items such as baby bathtubs, bath seats, and bath toys must be designed to prevent drowning or injuries due to slipping. Defective designs or manufacturing errors can lead to accidents during bath time.
    • Diapers and diapering accessories
      While seemingly innocuous, defects in diapers, diaper creams, or diaper-changing products can lead to allergic reactions, skin irritation, or other health issues for infants and young children.
    • Baby care products
      This category includes a wide range of items such as baby wipes, lotions, shampoos, and powders. Defective products may contain harmful chemicals or allergens that can cause adverse reactions in infants' delicate skin.
    • Educational and developmental products
      Toys and materials designed to stimulate children's learning and development, such as books, puzzles, and educational electronics, can pose risks if they contain small parts or if their design presents hazards.
    • Sports and recreational equipment
      Products designed for children's sports and recreation, such as bicycles, skateboards, helmets, and protective gear, must meet safety standards to prevent injuries. Defective designs or manufacturing errors can lead to accidents during play.
    • Arts and crafts supplies
      Materials used for arts and crafts, such as paints, crayons, markers, and clay, must be non-toxic and safe for children to use. Defective products may contain harmful substances or pose choking hazards.
    • School supplies
      Items commonly used by children in school, such as backpacks, lunch boxes, and stationery, must be designed with safety in mind to prevent injuries such as falls, cuts, or allergic reactions.
    • Electronic devices and accessories
      Products such as tablets, smartphones, headphones, and chargers designed for children must meet safety standards to prevent electrical hazards, choking hazards, or injuries due to device malfunction.
  • IKEA

    • MALM 3
      • 10/2002 to 6/2016
      • 31½” x 18⅞” x 30¾”
    • MALM 4
      • 6/2002 to 6/2016
      • 31½” x 18⅞” x 39½”
    • MALM 5
      • 10/2002 to 4/2006
      • 157/8” x 19” x 481/4"
    • MALM 6
      • 6/2002 to 6/2016
      • 31½” x 18⅞” x 48⅜”
    • MALM 6 LONG
      • 11/2002 to 6/2016
      • 63” x 18⅞” x 30¾”
    • MALM 6
      • 4/2006 to 6/2016
      • 153/4” x 191/8” x 483/8"
  • Spinal Cord Injuries

    • Types of Spinal Cord Damage

      That’s the good news—but the bad news is, it’s highly unlikely anyone who survives a spinal cord injury will not experience long-term impacts. How much their life is affected depends on what type of injury they are facing:

      • Incomplete injury, where the damage does not penetrate the whole spinal cord, still allows some signals to travel back and forth between the brain and the parts of the body underneath the wound. Though some function and sensation may be lost, patients may retain some abilities—and those in this situation are more likely to regain function because there is still a pathway to every part of the body.
      • Complete injury means the entire thickness of the spinal cord is damaged. This cuts off all communication between the brain and any body parts below the wound. Patients with this type of injury are much less likely to regain major functional control.
    • Types of Paralysis

      Whether an injury is complete or incomplete is not the only factor that plays into patient outcomes. The location of the injury on the spinal cord also matters. No matter how severe, spinal cord damage will not impact the functioning of nerve cells above the wound. However, anything below the damage—including organs that receive subconscious signals from our brain—may be cut off from communicating with it. For the body parts and limbs below the injury, here is how paralysis is classified.

      • Monoplegia: loss of function/sensation in one limb only
      • Hemiplegia: affects both limbs on one side of the body
      • Diplegia: affects the same body part on both sides
      • Paraplegia: paralysis of both legs and sometimes part of the trunk
      • Quadriplegia/Tetraplegia: paralysis of all four limbs and most of the trunk; in some cases, the condition can affect everything below the neck

      Any type of paralysis will increase a patient’s medical needs and is also likely to affect their working and living situations. Daily personal assistance and accommodations can help those with paralysis maintain access to some activities and interests they held before the accident. These are two more expenses a responsible party should pay for—and ones we will ask them to acknowledge in our claim.

  • Types of Product Defects

    • Breach Of Warranty

      Where a person buys a product, a seller usually makes certain promises as to the usefulness, value and safety of the product. Some promises are express and some implied. Whe those promises are broken, the buyer has a claim for damages.

      Express Warranty

      Express warranty arises in several ways. First, the printed material that comes with the product plainly states that the product can do such and such. Second, seller may explain the product to the customer stating that the product can do a certain action. Third, the promotion of the product may show the product performing a function.

      Implied Warranty of Merchantability

      Certain warranties are implied by law even though the seller never promised a certain thing. There are certain basic requirements of merchantability. The product must meet certain minimum performance standards claimed for the product by the seller. If a manufacturer says a car drives nicely on highways, it implied that the car can reach 60 mph. There are also implied safety warranties. The seller of the car also implies the car will not blow up.

    • Design Defects

      A design defect occurs when the product is produced with an unreasonably dangerous design. When a person is actually hurt by the product he has a claim for injuries. Some products have to be designed to be dangerous though. For instance of what good is an electric saw if it cannot cut? The question becomes whether it is unreasonably dangerous.

      If the company failed to put a safety guard on the saw, it might then be called unreasonably dangerous. When prosecuting a law suit, the products liability attorney will examine the design of the saw and compare it others in the industry. If the defendant's saw lacks safety features which other manufacturers carry, there are grounds to consider the saw defectively designed.

    • Failure to Warn

      Many products are quite useful and safe when used in a certain way. Nevertheless they can be quite dangerous when used in a way that the manufacturer did not intend. Where this occurs, the manufacturer has a duty to warn the customer of the hazards associated with the product.

      With a lack of proper warning, the customer is entitled to pursue a claim to recover damages against the liable party. These cases can be quite complex with manufacturers using all manner of dodges to escape responsibility.

      The following parties may be liable for failure to warn:

      • Manufacturer
      • Distributor
      • Retailer
    • Hidden Defects

      A hidden defect is one that is unknown to the manufacturer and to the customer until it appears in use. Where the hidden defect is unreasonably dangerous, the manufacturer is liable. If the manufacturer fails to recall the product in a timely manner once the defect becomes known, the manufacturer compounds its liability because it is guilty of negligence or recklessness.

      A manufacturer is liable for hidden defects in a product if:

      • The defect is unreasonably dangerous. The hidden defect can be in the design, manufacturing or marketing of the product.
      • The consumer must have been using the product in its intended manner. For instance if a teenager is using a bicycle to jump off buildings and is injured he cannot bring a claim for hidden defect. A person who takes 6 aspirins cannot claim injury if the box says to only take 2.
      • The consumer did not alter the design of the product in a substantial way. If you lift the chassis of your vehicle, do not complain if it rolls over.
    • Manufacturing Defects

      Where you have been hurt by a manufacturing defect, it will be necessary to identify the correct company to sue. Even then a company will seek to shift the blame to a part supplier or distributor or to you saying you did not follow the directions or that you altered the product.

      • Manufacturing defects in cars can be fatal defects. These include failures in seat beltsairbags and brakes. Some defective off road vehicles are known to cause rollover accidents killing the occupants.
      • Many household products poorly manufactured can be disastrous. For example, a smoke detector that does not go off can mean catastrophic injuries, and food improperly canned can lead to food poisoning.
    • Marketing Defects

      In the case of marketing defects, the error is in the communications about the product. The promotion may make false claims about what the product can accomplish. The promotion may have a failure to warn of risks. It may fail to communicate the safe use of the product.

      Who has not seen ads on television of pharmaceutical drugs? The point is that if you take such and such drug, your arthritis will not hurt you anymore. All the while the voice over in the ad is telling you in a litany of side effects that may result. This is the drug company's effort by marketing to explain the risks of their potentially dangerous product.

    • Road Design Defects

      When we drive on a street or highway, we expect that they will be safely designed and maintained. This is the responsibility of the state and local governmental authorities. Under state law these governmental units can be sued for dangerous road design or poor maintenance which results in accidents.

      • Improper Grading of Curves: Roads should be graded with a slope to keep traffic on the road. A flat curve will lead cars to fly off.
      • Inadequate shoulders: Where there is little or no shoulder, a car pushed off the road by traffic has no place to go but into a ditch.
      • Invisible Road Signs: Sometimes signs are not placed in the correct positions or are covered up by trees or shrubs.
      • Lack of stoplights: Some intersections have too much traffic. They require stoplights to prevent accidents.
      • Unmarked road dips: A car hitting a dip at too great a speed can shake up the occupants and cause the car to skid out of control.
      • Lack of Water Drainage: Without water drainage, water will go across the road and cause skids.
  • Industrial Accidents

    • When Can I Sue a Manufacturer for Dangerous Equipment?

      You may make a claim against a manufacturer when there is defect in the equipment that harms you. The defect may be in the design of the equipment, such as a drill press with a missing safety guard.

      It may also be in the manufacturing, such as a forklift that rolls over despite careful handling. The defect may be in marketing where there is a failure to warn of dangers in the use of the equipment.

    • Can an Employer Be Sued for Injuries Suffered on the Job?

      You are limited to your workers' compensation claim where the employer is merely negligent or innocent of wrongdoing. However, if the employer is guilty of intentional misconduct, such as removing safety features from machines, you may sue them for full compensation.

    • What Compensation is Available if a Family Member Dies on the Job?

      Where liability can be established against a manufacturer of defective machinery or a subcontractor on the site other than your employer, an action for wrongful death may be maintained in the courts. There the family may sue for loss of comfort and support and the cost of funeral and burial.

      Another suit for the estate may also be made if the decedent survived at least a little while after the accident. Through this type of action, medical expenses, property damage and pain and suffering may be sought. In addition, the family may seek a workers' comp death benefit regardless of fault.

  • Business Litigation

    • Helping Los Angeles Businesses with Legal Issues

      Going up against former colleagues, customers, or clients can seem as daunting as facing a big corporation. Our team at Shoop | A Professional Law Corporation has the resources to take on big cases and the experience to guide you through more personal ones. Here are the issues we help with:

    • Why Is Important to Hire an Attorney?

      In the course of doing business, there is a good chance you have already faced an important legal matter or will in the near future. Regardless of the size of your company, in today's environment, you are likely to need skilled assistance with negotiation, mediation or litigation with a business matter at some point.

      From protecting your interests through the crafting of solid contracts and agreements to pursuing a swift resolution to disputes and lawsuits, a Los Angeles business litigation attorney can be of immense help. Why trust critical legal matters to anyone else?

    • At What Point Should I Retain Counsel?

      Shoop | A Professional Law Corporation can represent your needs and interests along every step of the way, from forming a business to resolving litigation matters to business debt collection. In a system of commerce that can be adversarial and fast-paced, it is wise to procure counsel at an early stage. We can be proactive in efforts to mitigate potential legal issues and disputes before they happen, and can fight aggressively on your behalf when the need arises.

    • What Is a Statute of Limitations?

      If your company needs to pursue a legal claim against another party, it is likely subject to what is called a statute of limitations - that is, a time period within which legal efforts must be begun or else be nullified and invalidated by time, regardless of their merit. Consulting with an attorney as soon as possible can help protect your rights against the potential pitfalls of legal time constraints.

  • Catastrophic Burns FAQ

    • What are the Different Degrees of Burn Injuries?

      There are different types of burn injuries, each of which can cause serious damage and injuries:

      • First-degree burn injuries are the most frequent type of burn injury and can occur when someone is sunburned or comes into minimal contact with a heated dish. A first-degree burn can cause discomfort, inflammation, blisters and some pain.
      • Second-degree burn injuries damage both the outer layer and the inner layer of the skin causing greater damage and pain. Second-degree burns can be caused by very hot water, chemicals and heat sources such as ovens and stoves. The skin may turn red, have a shiny appearance and blister as a result of second-degree burns. The pain can be intense.
      • Third-degree burn injuries destroy the outer and inner layers of the skin and may also harm muscles, tendons, bones and nerve endings. The skin may look white or yellow, scar and become infected.
      • Fourth-degree burn injuries are the most severe type of burn and may be life threatening.

      At Shoop | A Professional Law Corporation, we understand that any major injury or accident can be very serious. If you or a loved one has been seriously injured in a fireexplosion, shock, and exposure to dangerous radiation or chemicals, you need to consult our burn injury lawyers in Los Angeles as soon as possible.

    • What are the Different Types of Burn Injuries?

      Burn injuries can be categorized based on their cause, in addition to their severity and depth. Here are the different types of burn injuries:

      • Thermal Burns: Thermal burns occur from direct contact with hot objects, liquids, steam, or flames. Common examples include touching a hot stove, scalds from boiling water, and burns from fire exposure. These burns can range from minor first-degree to severe third-degree injuries, depending on the temperature and duration of contact.
      • Electrical Burns: Electrical burns are caused by contact with electrical currents, resulting in entry and exit wounds. These burns can cause deep tissue damage not visible on the skin surface, affecting muscles and bones. Examples include burns from exposed wires and lightning strikes.
      • Chemical Burns: Chemical burns result from exposure to corrosive substances like acids, alkalis, or solvents. These burns continue to damage tissues until the chemical is removed or neutralized and can affect the skin, eyes, and internal organs. Examples include burns from industrial chemicals and household cleaners like bleach.
      • Radiation Burns: Radiation burns are caused by exposure to radiation sources such as ultraviolet (UV) light, X-rays, or radiation therapy. These burns can range from mild redness to severe skin damage and often develop over time with repeated exposure. Sunburn from UV radiation and burns from cancer radiation therapy are common examples.
      • Friction Burns: Friction burns occur due to the abrasion of the skin combined with heat generated from friction. These burns are a mix of a scrape and a heat burn, often resulting from accidents such as road rash from falls or treadmill injuries. They can cause significant discomfort and require proper wound care to prevent infection.
      • Cold Burns (Frostbite): Cold burns, or frostbite, happen from exposure to extreme cold, leading to the freezing of skin and underlying tissues. Affected areas become numb, pale, and hard, and severe cases can result in permanent tissue damage. Prolonged exposure to freezing temperatures or contact with extremely cold objects are common causes.
      • Scald Burns: Scald burns are caused by hot liquids or steam and are a common type of thermal burn. These burns often result in blistering and can be quite painful, typically involving second-degree injuries. Examples include burns from hot water, coffee, or steam from industrial equipment.
      • Flash Burns: Flash burns result from exposure to intense, short bursts of heat or light, causing superficial yet potentially serious injuries. Common sources include explosions and welding without proper protection. Despite their brief occurrence, flash burns can cause significant skin damage depending on the intensity.
    • What Compensation Is Available in Catastrophic Burn Injury Claim?

      The Los Angeles burn injury attorneys at Shoop | A Professional Law Corporation has been successful in dealing with insurance adjusters and property owners to get compensation for fire and burn victims. We have recovered millions of dollars for burn injury victims.

      Recovery from burn injuries can be a devastating and confusing experience due to the:

      • Loss
      • Mental anguish
      • Physical pain
      • Bills
      • As well as the lost income and wages that follows

      Of course, no two cases are the same, but many victims require long-term or lifelong medical assistance. Some may lose their ability to live independently, and many are unable to continue earning an income. If you have been seriously injured, or if a loved one was killed as a result of a burn-related injury, our compassionate and understanding Los Angeles catastrophic burn injury attorneys can help you.

    • What are the Long Term Effects of Third Degree Burns?

      Victims of serious burn injuries suffer some of the most painful symptoms imaginable. Many have to live the rest of their lives with permanent scars and physical disabilities. Oftentimes, victims will suffer a lifetime of emotional and psychological traumas that affect their day-to-day activities and opportunities.

      The victims of catastrophic burn injuries may struggle for the rest of their lives with:

      • Loss of mobility
      • Brain damage
      • Lung damage
      • Muscle damage
      • Scars and disfigurement
      • Infection
      • Skin grafting
    • What Kind of Liability Exists In Burn Injury Cases?

      When it comes to liability, it typically depends on the negligence involved and who may be held financially liable for the damages sustained. For anyone who has sustained a serious injury, recognizing who may be responsible is important.

      This gives you the opportunity to pursue legal action with confidence knowing you’re seeking justice and compensation from someone who was reckless in their actions to keep you safe.

    • How Can a Los Angeles Burn Injury Attorney Help?
      If someone else reasonably could have prevented the incident that caused your burn injuries, contact a Los Angeles burn injury attorney about a potential lawsuit. Our law firm can walk you through the processes.
  • Catastrophic Burns Incidents

    • Workplace Burn Accidents

      Explosions and toxic chemicals on a job site can cause burn injuries. Employers who fail to maintain a safe worksite, as well as a manufacturer of defective machinery, may be held liable.

      A workplace fire may involve a workers compensation claim in addition to a claim or lawsuit against the manufacturer or distributor of the faulty equipment.

    • Defective Products Burn Injuries

      Defective products can explode and cause severe injuries to consumers. The designer, manufacturer, or retailer of the product may be liable.

      Defective products can include:

      • Flammable Clothingincluding lightweight textiles, cotton, linen, acrylic and loose-fitting clothes. Some clothing can cause deep and severe burns based on how they burn.
      • Beauty Products: that cause injuries and burns to the skin, which can result from the use of products for hair, skin and nails. Skincare agents containing salicylic acid and potassium hydroxide can cause severe burns, nerve damage and scarring.
      • Home Appliances: including major appliances and heating equipment such as space heaters, cause numerous residential fires every year resulting in injury and deaths.
      • Furniture and Mattresses: depending upon the material contained in furniture and mattresses, a fire can quickly spread throughout a room and residence.
      • Heating Pads: can be very dangerous when they are defective or poorly manufactured since heating pads release heat. Defects include the failure to turn off automatically, which can result in burns if someone is sleeping. Other defects include inadequate warnings or use instructions.
      • Children’s Toys and Products: Child products that can be fire hazards include food / bottle warmers, motorized ride-on toys (power wheels and others), nightlights, magnets, trampolines, toy guns, darts and clothing made of flammable materials.
      • Auto Parts: Defective auto parts include tires, brakes, steering, air bags, fuel systems and accelerators.
    • Burn Injuries From House & Apartments Fires

      Many house and apartment fires are caused by faulty wiring, broken smoke detectors and defective kitchen equipment. If an electrician did subpar work or a landlord knew about a problem and failed to fix it, they may be liable.

      A fire in a home or apartment may also be caused by a kitchen fire from cooking equipment and appliances. Victims can suffer burn injuries as a result of a house fire or apartment fire or a workplace fire.

      These fires can be due to the fault and negligence of other people. A landlord or employer’s failure to comply with fire safety rules can cause fires.

    • Injuries From Car & Truck Fires
      Cars and trucks can catch on fire due to accidents or mechanical failures. An occupant may suffer burns due to the flames and the hot fluids in the vehicle.
  • Child's Product Liability

    • What Is Product Liability?

      U.S. regulators have enacted safety standards manufacturers must follow if they wish to put a product on the market. Despite these regulations, many dangerous goods are stocked by retailers every year and put consumers and their children in harm's way. When one of these dangerous products hurts someone because of its design, manufacturing, or inaccurate (or absent) warning labels, the party or parties whose mistakes introduced the risk can be held liable for the injury and its related costs and effects.U.S. regulators have put in place safety standards that product manufacturers must follow if they wish to put a product out on the market. Despite these regulations, numerous dangerous products reach retailers every year and put consumers and their children in harm's way.

      When one of these dangerous products hurts someone because of its design, its manufacturing, or its inaccurate (or absent) warning labels, the manufacturers can be held liable, or financially responsible, for the injury and its related costs and effects.

    • How Can I Tell Who Is Responsible for My Child’s Injury?

      Most product liability cases involve manufacturing mistakes, which range from missing parts to poor binding to the use of cheap or contaminated materials. However, before filing a case, we can help you investigate what was behind a malfunction. The designer, distributor, retailer, or wholesaler could be partially or fully liable depending on where the risk lies.

    • How Much Is My Claim Worth?

      Every children’s product injury claim is different. The severity of the injury and the circumstances surrounding the accident will impact the amount of the settlement you should request. We will fully evaluate your claim so you can seek maximum compensation. Quick, partial settlements aren’t good enough. We seek relief that comprehensively addresses your child's injury and long-term needs.Every child product injury claim is different. The seriousness of the injury and the circumstances surrounding the accident will have a bearing how much money to pursue. While it's impossible to estimate the value of a claim without first evaluating it, our firm can ensure maximum compensation is sought. We don't believe in quick, partial settlements for our clients and always make sure that we seek relief that comprehensively addresses the child's injury and the family's long-term needs.

    • What if I’m Not Sure Whether My Child’s Injury Was Caused by a Product?

      Injury cases involving children can sometimes be hard to determine. Children are curious and rambunctious and may be hurt in the few moments you look away. If you are unsure whether or not a product was responsible for your child's injury, our team can help. We will assess the facts of your child’s accident and determine your legal options after we have the full picture.

    • I Want to Take Action. What Should I Do Next?

      Your first step should be to contact a dedicated child product liability lawyer today. At Shoop | A Professional Law Corporation, we are ready to offer you a free case evaluation to start the process and provide specific answers to your family's concerns.

  • Product Liability

    • What is a Consumer Product Liability Lawyer?

      A consumer product liability lawyer is a lawyer that represents the interests of a person injured by a defective product. As the lawyer or attorney for an injured victim, we pursue a claim or lawsuit on your behalf against a manufacturer, distributer and/or retailer that made, distributed and sold the dangerous product. The purpose of the lawsuit is to pursue compensation for an individual as a result of the injuries and damages suffered due to the defective product.

    • Who Can Bring a Product Liability Lawsuit?

      A product liability lawsuit can be brought by a person injured by a defective product. This may include someone who purchased the product directly or was injured by a product that they did not purchase themselves.

    • Can a Person Sue for a Defective Product?

      If you are injured as a result a defective product, you may be able to pursue a claim or lawsuit against the product manufacturer(s) that designed, manufactured and created warnings for the product, as well as against the distributor and seller of the product.

    • What is Considered a Defective Product?

      A defective product is a product that is not safe for use of its intended purpose due to the product’s design, manufacture and/or lack of adequate warnings. Examples of potentially defective products include medical devices, heating pads, crock pots, ovens, stoves, power tools, beauty supplies, children’s toys, heating devices such as propane tanks, clothing, tires, factory and manufacturing equipment such as conveyor belts, and construction equipment.

    • What are the Elements of a Product Liability Case?

      A manufacturer has a duty to produce, design, test, manufacture, assemble, distribute, sell and otherwise place into the stream of commerce products that are safe in their intended and foreseeable use and free from defects.

      A manufacturer may have breached its duty of due care and caused personal injuries to consumers and others although the product was used in a manner that was reasonably foreseeable.

      As a result, the product may be unsafe and dangerous for its intended use. A manufacturer or distributer of a product may have also failed to ensure that the product would be administered safely and without harm to consumers and failed to provide sufficient warnings and use instructions that would have served to prevent injuries and damages as a result of using the product.

      A person who is injured by a defective product may incur costs for physicians, surgeons, nurses, hospital care, medicine, hospices, X-rays and other medical treatment, as well as lost wages, and the inability to perform certain types of work activities and other activities.

      An injured person may also incur expenses for future medical care and surgeries for treatment of their injuries.

      A manufacturer, seller and distributor may also be strictly liable in tort for the defects of a product which caused the injury. Under a theory of strict liability, a manufacturer would be liable for injuries as the result of a product that is defective in design, manufacture and/or warnings. The theory of strict liability provides for liability against all of the entities in the marketing chain, which includes not only the manufacturers, but also the distributors and retailers.

  • HP

    • What are the different types of product liability claims?
      While there are several different types of product liability claims, most general lawsuits can be grouped into three categories. The first is a manufacturing defect, which means that, at the factory or some place between the factory and the place of purchase, there was an error with the product. The second is a design defect, which means that the idea or design of the product is defective. Even if the product was manufactured correctly, the design is the flaw. Cases like these would not be for one faulty product, but rather an entire line of products in which the design is unreasonably dangerous. Last, there are marketing defects. These cases involve inadequate warning labels or instructions that make the product dangerous to use.
    • What do I have to prove if I want to receive compensation and win my case?
      The evidence you need will vary according to your specific case. Generally, you will need to prove four things to win your case.
    • What types of compensation can I fight for in my claim?
      You can file for compensatory damages along with punitive damages. The compensatory damages are meant to reimburse you for your financial and physical hardships due to the injury. These include your medical expenses, lost income, and property damage. Compensatory damages can also be for your physical pain and suffering. Punitive damages may be awarded to punish the defendant in order to deter other people from acting in the same way.
    • Who is liable in a defective product case?
      Uncovering who was liable can often be complex because several chains of distribution need to be reviewed. Manufacturers, retailers, suppliers, and distributors are common defendants in a defective product case. Contractors, engineers, and designers can also be held accountable for an injury caused by a defective product.
    • How long will my product liability case take?
      One of the questions we get asked most often is how long a product liability case will take. The answer is: “it depends.” Unsatisfying as this may be, there are so many factors involved that there is no way to accurately predict at the onset of a case how long it will take. Some may take only a few months to settle, while some may take years. Ultimately, a quick resolution can never be guaranteed. However, you can rest assured that when you hire a qualified attorney from our firm, your case will be diligently managed from start to finish.