Has a dangerous product caused you harm? A product liability attorney at Marc Whitehead & Associates can review your case and explain what type of recovery might be available to you.
We’ve all heard about defective products: a faulty steering column causes a collision; a crib mobile with small, detachable parts leads to a wrongful death lawsuit; an ill-designed CPAP machine causes lung cancer in the user.
All of these tragedies could have been prevented. Our legal team has the knowledge, skill, and resources to help you hold responsible parties accountable.
Dangerous Product Lawsuits in 2022 and 2023
The responsibility and liability fall on the manufacturer when a product has been deemed dangerous or defective. These products can cause irreversible damage and sometimes fatalities to consumers who put their trust in these companies. While a life-altering injury or death cannot be reversed, Marc Whitehead and Associates exist to hold these businesses accountable and recover as much compensation for consumers as possible
In 2022 and projected in 2023, these are the biggest dangerous product lawsuits:
- 3M Military Earplugs
- Roundup Weed Killer
- Bair Huggers
- Talcum Powder
- Firefighting Foam
- PFAs, or “Forever Chemicals”
Harmed by Defective Products?
Product liability law provides consumers with a path to justice. There is no federal law governing product liability. In most cases, dangerous product claims are based on state laws under the theories of negligence, strict liability, or breach of warranty.
While you have a right to recover compensation, it is not a guarantee – particularly when corporate defendants and insurers make every effort to pay as little as possible. A skilled product liability lawyer in your corner will balance the scales.
We fight for consumers’ rights involving defective product design, defective manufacturing, insufficient labeling and product warnings, product recalls, and other concerns, including:
- Home appliances
- Automobiles and automotive components
- Farm and garden products
- Home building products
- Unsafe toys, contaminated food, and other consumer goods and products
Our legal team is experienced in product liability law and has successfully handled these complex cases. We represent plaintiffs in all 50 states and are prepared to help you now.
Dangerous Product Investigations Process
A product liability attorney will investigate who is responsible for the product defect. This could include any party in the product’s distribution chain, including:
- Component or materials supplier
- Healthcare professionals (in dangerous drug and medical device cases)
There are three types of product defects:
- Design Defects
- Manufacturing Defects
- Marketing Defects / Failure to Warn
The burden of proof in a product liability claim rests with the plaintiff. To prevail, you must show the following:
- You suffered injuries or financial loss as a result of using the product.
- The product has a design defect, manufacturing defect, or marketing defect.
- The defect caused your injury.
- You used the product correctly and in a reasonable and foreseeable manner.
During the investigation, your product liability attorney will:
- Assess the nature and extent of your injury
- Review medical reports
- Examine the manufacturer’s production process
- Interview corporate employees and management
- Establish whether the defect occurs in other products
- Consult with industry experts to study and evaluate the facts and data gathered
What Do I Need to Do?
Schedule a Free Legal Consultation:
Your first step is determining the extent of your damages, as this will guide your strategy. The sooner you meet with an experienced product liability lawyer, the faster we can begin investigating your injury and the dangerous product that caused it.
Certain actions can improve the success of your case:
- Keep the product as evidence, when possible. If it’s a car, secure the car. If your medication caused injuries, save and seal the remainder.
- Save all information about your purchase, such as sales receipts, extended warranties, or maintenance records.
- Take pictures of the product, your injuries, and any associated property damage.
- Save all medical records associated with your injury.
What Does the Attorney Do?
Your product liability attorney must prove the cause-and-effect relationship between the product defect and your injuries. Our experienced lawyers can help in the following ways:
- Launch an investigation;
- Determine the basis of your claim;
- Build a strong case using strategic resources;
- Prepare for all possible defenses mounted by the defendant against you;
- Gather evidence from all parties involved;
- Work with expert witnesses who assist our team in determining how products are defective and how they harm our clients. A dangerous product case can turn on the proper use of quality experts.
- Negotiate settlements with defendants and their insurance carriers;
- Prepare you and all witnesses for courtroom appearances;
- Calculate your current and future losses;
- Fully represent your case in court while you focus on healing;
- Meet all timelines and deadlines.
Once your product liability lawsuit goes to trial, expect additional “human” factors to enter the picture:
- What emotions will surface in the courtroom?
- How “likable” will you be as the plaintiff?
- Will the defendant challenge your character?
- Does your case make a compelling story?
An experienced product liability lawyer knows such scenarios may surface and will be well prepared.
Do I Have a Product Liability Case?
You may have a case if you have been harmed because a product is unreasonably dangerous. Keep in mind, every case is unique. Legal remedies depend on the facts of your case and the state law that applies to your claim.
A product liability lawyer can help you sort it all out. We welcome your call to answer your questions, help you determine if you have a valid case, and discuss the next steps to winning a fair recovery.
Compensation for Dangerous Product Injuries
A successful plaintiff may recover compensation for the following.
- Medical expenses
- Lost wages
- Loss of earning capacity
- Loss of services provided for the family
- Costs of continuing disability
- Pain and suffering
- Mental anguish
- Physical impairment
- Loss of enjoyment of life
- Other damages considered fair and just by the court
Long-term disabilities are a common outcome of dangerous product injuries. Victims who win a disability lawsuit can often seek both economic and non-economic damages.
The court may award punitive damages in some instances where malice (bad intent) or willful disregard of persons is proven.
Act Now to Hold Corporations Accountable
If you’re planning on filing a dangerous product lawsuit, you should retain an experienced product liability attorney as soon as possible. Our dedicated team is prepared to fight on your behalf.