Loss of Consortium
The loved one of a person injured by a dangerous or defective product may also have a claim against a negligent manufacturer for loss of consortium as a result of having suffered the loss of comfort, companionship, society, affection, love, solace, moral support and assistance in maintaining the home.
The product liability lawyers at Shoop | A Professional Law Corporation have represented many clients after such hazards have caused serious injury and even wrongful death. We’ve been fighting against companies of all sizes for more than 35 years.
The results at Shoop | A Professional Law Corporation include:
$30,000,000 jury verdict for the family of a man that was killed as a result of being dragged into a rock crushing machine.
$5,000,000 jury verdict as a result of damages suffered due to a defective water well and an insurance company that failed to protect the business that was damaged.
Why People Want to Work with Us
- Free Consultations
- Over $550 Million Recovered
- 35+ Years of Experience
- Personalized and Tenacious Representation
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.
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