Products Liability

• What is an unsafe or defective product?
• When is the manufacturer liable for an injury caused by an unsafe or defective product?
• Can the immediate seller or provider of the product be liable for an unsafe product?
• What should I do if I was injured by an unsafe product?
• Why do I need a lawyer?
• Galfand Berger Product Liability Recoveries

Any manufactured product can be defective or unsafe. This applies to products used at work as well as in our homes. Unsafe equipment such as cranes, lift trucks, and power tools can be the cause of injury. This does not mean that all accidents associated with a product are grounds for personal injury lawsuits. If the product has caused an injury because of unsafe design, a manufacturing defect, or the failure to provide proper instructions, a lawsuit can be filed.

Our firm is experienced in representing victims of serious injury or death due to unsafe products. We can provide excellent representation for these victims. We are happy to answer any questions and review your case for free. Please call us at 1-877-228-1528 or complete our short contact form and a member of our firm will contact you. There is no fee unless we recover money for you.

Here are some questions you may have:

What is an unsafe or defective product?

A defective product is a product that causes injury or damage because the product was flawed or it was labeled inappropriately. Products may also be considered defective if they are used as they are intended to be used, but a person sustains an injury in the process. All states allow people injured by defective products to recover damages.

When is the manufacturer liable for an injury caused by an unsafe or defective product?

The manufacturer, supplier, or seller can be held legally responsible and be required to pay full and fair damages to the injured worker if:

 

• Helmets, eye glasses, gas masks, protective clothing and footwear, and other equipment are defective or unsafe

• The defective or unsafe condition caused or increased an injury

• You are injured while using a product that malfunctions, is unsafely designed, or is unsafe because the manufacturer failed to give proper warnings and instructions for use.

These cases are called products liability lawsuits. The National Safety Council estimates that between 10% and 15% of all industrial injuries are caused by inadequately guarded or unguarded machinery.

 

Can the immediate seller or provider of the product be liable for an unsafe product?

Yes. Defective or unsafe personal protective equipment can be the subject to a third-party lawsuit. The manufacturer, supplier, and seller of personal protective equipment have a duty to manufacture, supply, and sell the equipment in a safe condition or in a condition safe for all foreseeable uses that containing no unsafe elements.

What should I do if I was injured by an unsafe product?

If you have been injured by a product, contact a product liability attorney. You may be able to file a products liability action and recover damages based on one of these premises:

Strict Product Liability. Strict liability means that certain people or companies are automatically responsible for the damages their actions or products cause. In the case of manufactured products, strict product liability means that you must prove that the product was defective, but you do not need to prove that the injured party was negligent when using the product. A product may be defective because of bad manufacturing or because the manufacturer did not provide adequate instructions to use the product.

Breach of Warranty. Manufacturers can issue implied warranties and express warranties for their products. Implied warranties are established by state law and say that a product will be safe to use for its intended purpose. Express warranties are guarantees from the seller that the product will function as it is intended and will be safe to use. A breach of warranty means that the product was defective or did not function as it was intended.

Why do I need a lawyer?

A lawyer can help you determine if you have a products liability case. Many seriously injured people do not consult lawyers because they do not think they can sue. Sometimes they think it is their fault or the fault of another worker that caused the injury. Just because a co-worker contributes to the accident does not mean you have no case. Negligence on your part, a co-worker's part, or the company's part does not prevent you from filing a claim against the manufacturer, distributor, or supplier of the unsafe power tool. The key question is whether the power tool could have been designer to eliminate or reduce the condition that caused your injury.