THE HOLIDAYS: WHERE PRODUCTS LIABILITY DISASTERS MEET CHEER AND GOODWILL
The holidays present a landmine of potential products liability cases with folks giving and receiving millions of gifts and cheer each year. Now, for the vast majority of these happy campers, all will be good in the world, and they can go about their business playing with their action figures, trying out their new power tools, and cooking up tasty recipes in their shiny new pressure cookers. But for a small group of unsuspecting customers—hopefully not you—defective products can upend their lives.
WHAT QUALIFIES AS A PRODUCT IN A PRODUCTS LIABILITY CASE?
The types of goods and products that fall under products liability cases are plentiful and aren’t necessarily the types of products that you find under the Christmas tree. Below is a non-exhaustive list of the types of products that would qualify as products:
- Amusement and carnival rides
- Clothing
- Chemicals
- Cosmetics
- Firearms
- Food & agricultural products
- Machinery and tools
- Medical products & devices
- Motor vehicles
- Pharmaceutical products
- Recreational products and vehicles
- Toys
As mentioned above, this is a non-exhaustive list. If you’re in doubt as to whether you have a products liability case, it’s best to seek out an experienced attorney to evaluate your potential claim.
WHO IS LIABLE IN A PRODUCTS LIABILITY CASE?
Generally speaking, liable parties include manufacturers, distributors, wholesalers, and/or retailers. Sometimes, the wrongdoers are easy to identify, while other times, they remain hidden until they are brought to light after a significant, expensive, and thorough investigation.
Products liability cases often make the news and include well-known multinational corporations as defendants. Some real-world examples of products liability cases include:
HOW DO YOU PROVE A PRODUCTS LIABILITY CASE?
Manufacturers, distributors, and retailers may be held accountable for manufacturing defects, design defects, and failing to warn customers of dangerous products under a negligence and/or strict liability theory. Under strict liability, the plaintiff (i.e., the person filing the lawsuit) does not need to prove that the defendant was negligent but that their product caused the harm. Under a negligence theory, however, the plaintiff must prove that the defendant fell below the standard of care in the manufacture or design of the product. Regardless of the theory, you must be ready to prove your case, which will likely entail extensive discovery and expensive experts. Contacting an experienced attorney is the first step in ensuring you are prepared to meet your burden in proving your case.
WHAT DAMAGES ARE YOU ENTITLED TO RECOVER IN A PRODUCTS LIABILITY CASE?
Unlike a car accident, where a defendant may have minimal or no insurance coverage, big companies typically carry substantial insurance policies to account for cases like these. As an injured party in a products liability case, you could be entitled to recover past and future medical expenses, past and future pain and suffering, lost wages and future earnings, punitive damages, and other related costs and expenses. Your attorney will be able to help you better assess exactly what damages you are entitled to to make you whole again.
PRODUCTS LIABILITY CASES IN THE NEWS: MILLIONS OF STANLEY CUPS RECALLED
As you may have read or seen in the news, Stanley is recalling millions of Switchbacks and Trigger Action stainless steel travel mugs. According to reports, Stanley has received almost 100 complaints of detaching lids, resulting in 38 burn injuries worldwide. Stanley claims that the issue can be traced back to the threads in the lids that shrink when exposed to heat. This is a prime example of a defectively designed product.
Lawsuits are generally expensive and complicated. This is especially true when going up against large corporations in product liability cases. It takes a wealth of experience, knowledge, and a war chest to go toe-to-toe with these companies. If you think you may have a products liability case, please don’t hesitate to contact Dordick Law by calling us toll-free at (800) 555-5595 or by clicking here. We are always happy to help those who have been wronged.
Happy Holidays!
As we approach the end of the year, we want to take a moment to express our sincere appreciation for everyone. At Dordick Law it’s been a pleasure defending your rights, and we are grateful for the opportunity to serve you. May this festive season bring you peace, joy, and time spent with those you cherish. We look forward to continuing our work together in the year ahead.
Wishing you a season of warmth, happiness, and joy!
