If you’ve been injured by a faulty consumer product, a dangerous drug, or a malfunctioning device, you have options to seek compensation. You should not be expected to pay for any losses you’ve incurred because of a defective product.
At DiPiero Simmons McGinley & Bastress, PLLC, we have helped many clients recover compensation from these negligent parties, including major drug companies.
If you’re recovering from injuries or property damage caused by a defective product, we want to hear from you. Schedule a consultation with a Charleston product liability lawyer to learn more about all your options for pursuing a claim.
What Is Product Liability?
Not every product that you buy works as intended. There are hundreds of funny social media posts where folks share the epic failures of products that don’t turn out as advertised. For the most part, you can send back a product if it doesn’t fit or doesn’t work like you thought it should.
Unfortunately, there are extreme cases where a product fails, and it is no laughing matter.
Recently, WBOY reported that a Fairmont, West Virginia, homeowner purchased an electric golf cart, brought it home, and within hours, the battery on the golf cart exploded and set the house on fire. This is just one of hundreds of incidents involving lithium batteries triggering fires, and that is not the only type of defective product that potentially causes harm.
The National Safety Council released a report stating that around 12.7 million people were treated for injuries from consumer products. In these instances, product liability is the main focus of these cases.
Manufacturers, designers, and sellers are responsible for producing items that will not cause harm or injury to consumers. All these products should be reasonably safe for their intended use. If an item is defective or dangerous, the manufacturer or seller can be held liable for any resulting damages.
Consumers have the right to expect that those items will not cause harm or injury when they purchase or use products. If any injuries occur, they can pursue a civil claim.
These laws focus on the concept of strict liability. Under these principles, a plaintiff doesn’t need to prove that a defendant acted negligently or intentionally. Instead, they only need to show that the product is dangerous or defective.
You may be eligible for compensation if a dangerous or defective product has injured you.
How Do You Win a Product Liability Lawsuit in Charleston?
In legal terms, liability refers to the responsibility a person or company has to pay for damages. It is all about accountability. The majority of product liability claims are based on strict liability. That means the core of your case is to prove that the product in question was somehow defective. There are other legal concepts that come into play as well, such as negligence and breach of warranty.
In order to prevail in your claim, you and your Charleston product liability lawyer have to establish the following four elements:
- The product was defective
- You were using the product as intended
- You were injured because of the product defect
- You suffered either physical or property damage
In order to prove those elements, you’ll need to gather relevant evidence such as photos of the product and your injuries. You also need to include your medical reports, property repair receipts (if applicable), the cost of the product, and any other related damages. The attorneys at DiPiero Simmons McGinley & Bastress, PLLC, can help you gather all the relevant evidence and documents.
What Are the Different Types of Product Defects?
As you and your product liability attorney prepare to present your case, you’ll have to focus on which type of product defect you’ve been subjected to. It could be one of the following:
Design Defects
Before a product comes to market, it is supposed to go through years of research and development to work out the “bugs.” Even the simplest of products should go through rigorous testing. This is when design flaws are supposed to be detected. Unfortunately, some of those flaws are either ignored or not discovered until the product gets used by consumers. When investigating design defects, your product liability attorney will explore the following relevant factors:
- The severity of the danger that the product design posed to consumers
- Whether there was a safer alternative design
- Whether the alternative design was practical to implement
- Whether the product can perform the same function if the safe alternative is adopted
If the investigation into the design reveals that a safer alternative could have been made, the manufacturer can be held accountable because they failed to adopt the safer version.
Manufacturing Defects
Every product starts as a design. That design is then adapted to the manufacturing process. If a mistake occurs during that process, it can create a harmful defect.
In order to prevail with a manufacturing defect claim, you and your attorney need to establish that the product deviated from its original design, and because of that, a defect was created. You also have to establish that the defect made the product a hazard.
A manufacturing defect can impact a single product on a production line or an entire batch of products. For example, a simple steel water bottle can be made with a sharp edge because the tooling was misaligned. If those water bottles end up cutting consumers, it is an issue of product liability.
Marketing Defects
There are some products that have inherent dangers that can never be made 100% safe.
Consider the common ladder. When it is used as intended, a ladder can be a safe tool. However, if it is not properly secured, it can lead to a person falling. That’s why a ladder will come with instructions and warning labels. It might seem that using a ladder is not complicated, but a manufacturer is obligated to provide the warnings and instructions.
It is important to note that even with a warning label and instructions, a product can still be harmful. If the warnings and instructions don’t cover all of the possible dangers associated with the product, the manufacturer can be held liable for any injury.
If any of these issues exist, the plaintiff may have grounds for a strict liability claim.
What Are Examples of Defective or Dangerous Products?
Product liability can extend to a wide range of categories; some of the most common cases center on:
Dangerous Drugs
While the U.S. Food and Drug Administration (FDA) ensures safety, all medications carry risks. Some drugs can be downright dangerous or even deadly due to side effects, interactions, or unforeseen complications.
A few specific examples of the dangers associated with prescription drugs include Proton Pump Inhibitors (PPIs). This product was used to help with acid reflux and has been linked to kidney disease, bone fractures, and heart attacks. Recent studies support the idea of the risks associated with PPIs.
Another example is Abilify, an antipsychotic drug prescribed for mental health disorders, which has been found to cause self-destructive behaviors like compulsive gambling and binge eating.
Defective Automotive Parts
The National Highway Safety Administration (NHTSA) issues recalls for vehicles, car seats, tires, and other equipment associated with all vehicles on the road. Auto part defects can emerge at any stage of the manufacturing process, from design flaws to faulty production or inadequate quality control.
These defects can encompass a wide range of components, including brakes, tires, airbags, ignition systems, and electronic control modules.
General Motors (GM) faced a product liability case for faulty ignition switches. From 2000 to 2004, GM produced vehicles with defective ignition switches that could shut off engines while driving, disabling airbags. The defect led to accidents, injuries, and fatalities, resulting in extensive legal battles and recalls.
Takata, a major airbag manufacturer, issued one of the largest automotive recalls in history. Their defective airbags were linked to 16 deaths and hundreds of injuries due to explosive deployment. Over 40 million vehicles worldwide were affected by Takata airbags.
Faulty Consumer Products
When it comes to the topic of faulty goods, these products do not meet the standards of quality, performance, or durability that a reasonable consumer would expect. Faulty consumer products can encompass a wide range of items, from electronics and appliances to clothing and toys.
One example of a faulty product is the Samsung Galaxy Note 7. These products faced a global recall in 2016 due to battery defects. The batteries in these smartphones were found to overheat, catch fire, and even explode, which led to the recall of millions of devices.
The recall cost Samsung billions of dollars and severely damaged the company’s reputation.
Another example of faulty goods is the Peanut Corp. of America salmonella outbreak in 2009. This obscure peanut processor in Georgia faced a massive salmonella outbreak that resulted in widespread illnesses and deaths. As a result of the outbreak, the company was forced to issue a recall that cost them over $1 billion.
The above is just a sampling of the types of items that could fall into this area of the law. If you have been injured in any way, make sure to contact a product liability lawyer in Charleston, WV.
At DiPiero Simmons McGinley & Bastress, PLLC, we can help you determine whether you have a valid claim to pursue a legal case.
What Are the Most Common Injuries Associated with These Cases?
Depending on the type of product, victims can suffer from a wide range of injuries. Some of the most common ones include:
- Facial injuries: Defective airbags, faulty eyewear, or poorly designed safety gear can cause these injuries.
- Internal injuries: Malfunctioning seat belts, car seats, or medical devices can lead to internal injuries.
- Burns and scalds: Faulty appliances, electronics, or heating devices can cause burns.
- Chemical exposure and poisoning: Defective containers, cleaning products, or medications may expose users to harmful chemicals.
- Electrocution and electrical injuries: Faulty wiring, appliances, or electronics lead to electrical shocks.
- Psychological and emotional trauma: Product-related accidents may produce anxiety, depression, and post-traumatic stress disorder (PTSD).
Many of these injuries result in minor issues to lifelong complications. In any case, you should never have been hurt by a product that you trusted. When these accidents occur, you need to hold those responsible parties liable for their negligent actions.
Who Is Responsible for Injuries Caused by a Defective Product?
When injuries occur, you will want to know who is responsible for them. In most cases, several parties can be held accountable. They may include:
- Manufacturers: If a defect in the design, manufacturing, or labeling of a product causes injury, the manufacturer may be liable.
- Designers: Any party involved in the product’s design and engineering can also be held liable.
- Distributors and retailers: If they knowingly sell or distribute a defective product, they may share liability.
- Suppliers: These entities must make sure that the products they provide are safe and meet the required safety standards.
Product liability law holds all parties in the distribution chain accountable. Strict liability means that defendants are responsible for defects, regardless of negligence. If you have any questions about your potential case, consider consulting with a Charleston, WV, product liability lawyer.
What Damages Can You Recover?
When someone is hurt by a defective or dangerous product, they are often eligible for compensation from the liable party. These damages may include:
Economic Damages
These damages are designed to compensate you for your financial losses resulting from the injury. Past and future medical expenses, lost income, and property damage are some of these potential awards.
Non-Economic Damages
They are not as easy to quantify, but they will compensate you for the non-financial effects of the injury. These can include pain and suffering, loss of consortium, loss of enjoyment of life, disfigurement or scarring, and other similar damages. In West Virginia, there is a cap for non-economic damages of $250,000.
Punitive Damages
Punitive damages are another type of damages that may be available in product liability cases. Unlike economic and non-economic damages, punitive damages are not intended to compensate you for your losses. Instead, they are meant to punish the defendant for their wrongful conduct. For personal injury lawsuits, there is a cap of $500,000 for punitive damages.
If someone dies as a result of a defective product, their surviving family members can file a wrongful death claim. These damages may include loss of income, funeral expenses, and emotional suffering.
The type and amount of your damages will depend on the severity of your injuries and the specific circumstances of your case. If you want to know what you can expect from your case, make sure to contact a Charleston product liability lawyer.
What To Do After Getting Injured by a Dangerous or Defective Product?
If you have suffered an injury due to a defective product, you need to take immediate action. Some of these important steps include:
Seeking Medical Attention Right Away
Your health and safety should always be your top priority. Get medical attention as soon as possible following the injury. If you receive any treatment, make sure to always keep detailed records.
Preserving the Defective Product
You will want to keep faulty items as evidence. After an incident, you never want to discard or alter them in any way. A physical product is vital for establishing liability, whether it’s a drug, medical device, vehicle part, or toy.
Documenting the Incident
Along with that, you will want detailed notes of how you acquired the product and the circumstances surrounding the injury. Make sure to keep records of your purchase, such as invoices or sales receipts.
Consulting with a Defective Products Attorney
Finally, you always want to reach out to an experienced Charleston product liability lawyer. They can guide you through the legal process and assess liability. Also, the professional will make sure to adhere to all deadlines in the process, including filing within West Virginia’s two-year statute of limitations.
Our Charleston Product Liability Lawyer Can Help
While you don’t have to prove negligence in these cases, there are still many steps to success in your legal claim. For that reason, involve the attorneys at DiPiero Simmons McGinley & Bastress, PLLC, as soon as possible. We have years of experience helping our clients get the compensation and justice they deserve in these situations.
Product liability cases can be especially complex. A manufacturer will have attorneys who will try to shift the blame to the consumer, claiming that they somehow used the product the wrong way. We are familiar with all their tactics and know how to defend against them. We will only take on a case that we are confident of a fair resolution.
If you would like to learn more about how we can assist and what your options are for moving forward. You can schedule a free initial consultation with our Charleston product liability lawyer today.
