What is Product Liability and How Can a Defective Products Lawyer Help?
According to a Forbes article, in 2021 there were 11.7 million emergency room visits that were a direct result of consumer product injuries. Product liability law governs instances of consumer injury or death from using a product that was supposed to be safe and free from hazards. As consumers, we have the right to expect products to be safe when they are used as intended. Product liability claims require that four elements be proven:
- The product was defective or unsafe
- The consumer used the product as it was intended to be used
- Harm was suffered as a result of a defect in the product
- Consumers have the right to be compensated for any damages resulting from a defective or unsafe product
As the plaintiff (the person harmed) in a product liability case, you are not required to prove that the seller or manufacturer acted intentionally or negligently, thanks to the “strict liability” doctrine applied in many product liability claims. Under the strict liability doctrine, you must only show that a specific problem associated with the product caused you unexpected harm or injury. The theory of negligence may be used, which requires showing the defendant acted negligently or carelessly, however, most product liability claims use the strict liability doctrine. Regardless of whether negligence or the strict liability doctrine is used, as the plaintiff you must prove that one or more of the following types of defects caused your injuries:
- Manufacturing defects can arise from an error during the product’s assembly—i.e., malfunctioning brakes caused a car accident, and the brake issue was the result of an error during assembly. This error could have been the only one, or there could be many products with the same error, like the 67 million defective Takata airbags.
- Design defects can result in a product that causes harm to consumers; however, it must be shown that there was feasibly a safer alternative design. In this case, there were no errors in manufacturing or assembly, and none of the products were produced by deviating from the intended design. As an example, suppose an SUV is designed and manufactured but the design was not properly tested, and it turns out that the SUV is more prone to rollovers than other SUVs on the market. In this case, there was a safer design, but it was not implemented.
- Marketing defects are also known as failures to warn consumers. If you purchase a product that does not provide instructions on how to safely use the product or one that fails to warn you of known inherent risks, then you may have a marketing defect product liability claim. While manufacturers are not required to warn consumers of obvious risks—i.e., a knife is sharp—they are required in most other cases. For instance, if a household cleaner can be toxic when used in a closed room, this hazard must be clearly stated on the label. As long as the consumer is using the product in a way that was “reasonably foreseeable,” then instructions on use and a list of inherent risks must be included with the product.
- Breach of warranty occurs when a product is accompanied by a written warranty, and the product fails to live up to the terms of that warranty. Warranties might be found on the packaging or labeling of the product, in an accompanying manual, or even in the product advertising.
If you have been harmed by a defective, unsafe, or hazardous product, the best step you can take is to speak to an experienced defective products lawyer from Carmichael Law Group. We help consumers nationwide who have suffered injuries as a result of a product they believed to be safe. We are a firm dedicated to fighting for the rights of those injured by unsafe or defective products and believe in justice for those harmed. At Carmichael Law Group we strive to ensure you feel comfortable from the moment you step into our office. After a comprehensive evaluation of the facts and circumstances surrounding your product liability claim, we will lay out your options and the process of filing a successful product liability claim.
Current Product Liability/Defective Product Investigations and Lawsuits
- Baby formula—Necrotizing Enterocolitis (NEC) is a potentially deadly intestinal disease that has been found at much higher rates in premature babies who are fed a formula or fortifier that is cow’s milk-based. NEC is a bacterial infection that occurs in the underdeveloped gastrointestinal tract of newborn babies and often requires emergency surgery. An inflammatory response is triggered when aggressive bacteria invade a baby’s intestines, causing acute pain for the baby. This infection can cause the intestinal wall tissues to decay or die, resulting in a perforation in the intestine. This hole allows dangerous bacteria to leak into the abdominal cavity, causing systemic infection. Babies that survive NEC may have long-term health complications, most commonly, short-gut syndrome and intestinal strictures which make food passage difficult, leading to life-long difficulties absorbing essential nutrients.
- Hair relaxer product liability claims stem from the use of chemical hair relaxers that have been linked to endometrial and uterine cancers. Hair relaxers temporarily straighten curly hair, however, some of the chemicals in hair relaxers are known endocrine disruptors that impact the body’s endocrine system, potentially causing estrogen-related cancers when absorbed through cuts, burns, lesions, or sores on the scalp. Some statistics claim that women who use chemical hair relaxers more than four times a year are about 2.5 times more likely to develop uterine cancer.
- Paraquat is an herbicide that has been banned in China, the UK, Switzerland, and dozens of other countries due to its extreme toxicity and risk of causing Parkinson’s disease. According to an ABC report, although banned in Switzerland and China, paraquat is manufactured by a Swiss company, owned by a Chinese state, and is widely used across the United States to kill weeds. Paraquat is produced under the name Gramoxone by Syngenta. Lawsuits are currently being filed in the U.S. by plaintiffs who allege that Syngenta knew or should have known that using this herbicide could cause severe neurological injuries.
- PFAS remediation—PFAS are polyfluoroalkyl substances used in a variety of industrial, agricultural, military, and commercial product applications, including firefighting foams, water-repellent fabric coatings, a non-stick cookware. Although proven to be environmental contaminants with adverse health impacts, some PFAS are still in use. PFAS are considered “persistent,” since they are resistant to typical environmental degradation processes, which means humans may have prolonged exposure. PFAS are often called “forever chemicals,” and can be extremely harmful to humans. PFAS may cause immune system disorders, fertility issues, and cancer, and may adversely affect growth, learning, and behaviors in young children. PFAS remediation to clean up the contamination has been largely unsuccessful, however, there are currently three remediation processes in use to remove PFAS—granular activated carbon, ion exchange resins, and high-pressure membrane systems.
- Roundup—According to cornucopia.com, Roundup’s active ingredient, glyphosate, while marketed as “safe” and “biodegradable,” is anything but. The majority of Roundup is used on food crops. Since glyphosate is a “systemic” chemical, this means it is taken up inside the plants and farm animals we eat. Exposure to Roundup doubles your risk of lymphoma as it disrupts the normal function of the white blood cells in the body. Roundup exposure can also disrupt hormones in the body, leading to heart issues, diabetes, and even obesity. Thanks to the millions of pounds of Roundup used on food crops, the weed killer was even detected in rain and has led to an 81 percent decrease in the population of monarch butterflies across the United States. As of March 2024, Monsanto, the manufacturer of Roundup, has settled nearly 100,000 Roundup lawsuits to the tune of $11 billion. More than 40,000 Roundup lawsuits remain, with many being filed in state courts, and a Roundup class action MDL lawsuit with more than 4,000 claims is pending in California. More Roundup lawsuits are being filed every day.
- Social media lawsuits are being filed almost daily by parents of teens and pre-teens. Most of these lawsuits claim that Facebook (Meta) and Instagram (a subsidiary of Meta), make billions of dollars by exploiting children using algorithms that lure young users into addiction through excess exposure. Eating disorders, self-harm, and suicidal ideation have all been tied to excessive use of FB and Instagram.
- Talcum powder lawsuits have been filed primarily against Johnson & Johnson, with claims that J & J has been aware since the 1950s that asbestos-tainted talc could potentially lead to ovarian cancer when used by women in the genital area. Yet J & J continued marketing baby powder with talc until 2022, despite having a safe alternative in baby powder with cornstarch rather than talc. Those who used talc-based powder in the genital area for more than a year and were diagnosed with ovarian cancer or mesothelioma could have a valid lawsuit against J & J. More than 50,000 talcum powder lawsuits have been filed, and as of January 2024, J & J had reached tentative agreements to resolve talcum powder injury claims in more than 40 states.
How Can an Experienced Defective Products Lawyer from Carmichael Law Group Help?
If you have been injured as the result of a defective or dangerous product, you have the right to file a product liability claim and seek damages for your injuries. Product liability claims are not something you should attempt on your own, as they can be extremely complex. You need the experience and knowledge of the Carmichael Law Group to answer all your questions and help you through the process of a product liability claim. At Carmichael Law Group, we offer a free consultation where we can discuss the facts and circumstances surrounding your injuries. We serve clients across the nation and have more than 400 positive Google reviews from highly satisfied clients. At Carmichael Law Group, we will aggressively protect your rights, your health, and your future. We appreciate the trust our clients place in our firm and will work hard to ensure each client has the very best outcome possible. Contact a defective products lawyer at Carmichael Law Group today.
