According to a new report published on CNBC.com, Tesla is recalling 48,000 motor vehicles due to a speed flaw that increases the risk of accidents.
If you or a loved one has suffered injuries as a result of a dangerous, defective, and/or poorly-made product, no matter where you are located our attorneys are just a phone call away.* With 38 years of experience representing injured people, Montlick & Associates, Attorneys at Law, prides itself on being a firm our clients can count on for skilled representation, hard work, and integrity.
Consumers rely on manufacturers and companies to design, build, and distribute safe and functional products that work as intended and do not pose risks to their safety or health. A product might include large and expensive items, such as industrial equipment, construction machinery, and passenger vehicles or smaller products, like medications, lightbulbs and food from the grocery store or restaurant. However, companies do not always uphold the standards imposed upon them by the law, and when people become severely ill or injured because of the use of a defective product, they deserve compensation for their damages. According to a recent Consumer Product Safety Commission’s Annual Report, each year thousands of individuals are killed by various products and millions more suffer injuries requiring emergency room treatment. Products liability claims can arise from the use of many different types of consumer goods, including:
If you have been injured by any type of defective product, do not get rid of it! The product may be evidence to a potential claim. Learn about your legal rights as well as what steps should be taken to protect those rights with our no obligation Free Consultation. Call us Nationwide 24/7 for your Free Case evaluation at 1-800-LAW NEED (1-800-529-6333). We also can be reached by dialing #WIN (#949) from your cell phone (with most cell carriers) or by visiting us at Montlick.com and using our using our Free 24-hour live chat service or online free case evaluation form.
The law provides that manufacturers of dangerous and defective products should be held accountable if they release a poorly designed or manufactured product into the stream of commerce. Unfortunately, companies are generally driven by pursuing a “bottom line” and many manufacturers whose defective products cause these and other injuries are not stepping up to take responsibility, leaving injury victims with few alternatives other than to bring a legal action against the manufacturer of the product under the legal doctrines of strict liability or general negligence.
Depending on the state where the claim exists, a plaintiff can assert one or both of the above-types of claims when pursuing an injury claim arising out of a defective product.
Manufacturers stand to lose hundreds of thousands – if not millions – of dollars if they are forced to pay compensation to consumers hurt by their products. This is why manufacturers may attempt to defeat an injured consumer’s claim by arguing that the consumer did pay attention to warning labels that were present on the product or used the product in a way that it was not designed to be used (such as taking too high of a dose of an over-the-counter medication or operating heavy machinery while intoxicated). A manufacturer may argue that the consumer made modifications or alterations to its product after purchasing the product, thereby voiding any warranty and eliminating any responsibility on the manufacturer’s part for any resulting injuries.
If these arguments are successful in your case, your financial recovery may be limited or denied altogether. For this reason, it is extremely important that you be represented by a formidable product liability attorney who can take on the experienced and well-funded legal teams that represent these manufacturers.
Montlick & Associates has been assisting injured people for 38 years. Our attorneys and affiliated co-counsel serve clients in many states and are prepared to step up and get to work helping you in your pursuit of justice. You can contact us 24 hours a day, 7 days a week by calling 1-800-LAW-NEED (1-800-529-6333), by dialing #WIN (#946) from your cell phone or by using our free, 24-hour Live Chat at Montlick.com.
Take Action Now to Safeguard Your and Your Family’s Legal Rights - Watch Out for Legal Time Deadlines!
We caution you about the risks of waiting too long before seeking legal help for your product liability case. Each state places a limit on the amount of time that can pass between when an injury occurred and how much time a person has to settle a claim or file a lawsuit, if legally necessary. This time limit is codified in a state’s statute of limitations and other important doctrines or laws that may vary depending on the jurisdiction in which your claim exists. Our attorneys can advise you on what deadlines may apply to your case.
Statutes of limitations aside, waiting too long to file a product liability case means that important evidence in your case – such as: witnesses, witness recollection, evidence at the scene, video footage and so on – may be lost or at least difficult and costly to recover. Do not handicap your legal rights: take action now to protect your rights by contacting our office to discuss your claim.
Missteps Can Be Costly: How Your Product Liability Attorney Helps Protect Your Legal Rights
Large corporations and insurance companies do everything they can to deny or minimize claims of injured victims. Additionally, companies often resist resolving products liability claims because they fear that doing so could encourage other consumers with similar injuries and claims to come forward and seek compensation as well. As a result, product manufacturers typically have both in-house legal teams and contracts with experienced and resourceful law firms to defend against claims made by consumers. This puts any injured consumer going up against a product manufacturer at a distinct disadvantage.
Consumers can even the playing field by having their own experienced and resourceful law firm at their side. At Montlick & Associates, Attorneys at Law, we have represented consumers hurt by using a variety of defective products. We strive to achieve knowledgeable, professional, and dedicated legal representation – at each step along the way.
How Much Compensation Can I Get For a Product Liability Case?
The general rule is that an injured consumer can receive financial compensation (called damages) for any tangible or intangible loss experienced provided that (1) the consumer can provide evidence as to the value of the loss; and (2) that the loss is causally connected to the defective product. However, no two product liability cases are the same. Even when two consumers each file separate lawsuits based upon the injuries each received from the same defective product, the consumers might walk away with different amounts of compensation.
In any product liability injury case, our attorneys pursue all types of monetary damages that our clients are entitled to recover. Depending on the facts of a case and the applicable law, these may include compensation for:
Predicting the precise amount of compensation any consumer will receive through a product liability case is usually not possible at the beginning of a case. To obtain a possible estimate as to what your case is worth, you need to sit down with an experienced product liability attorney and go over the facts of your case, the evidence that’s available to you, the applicable law, and the specifics and peculiarities of filing and pursuing a product liability claim in your jurisdiction. Later in our clients’ cases, we are able to predict a range in case value after all of the evidence has been obtained, we have reviewed all medical bills and records, and have learned the nature, extent and long-term effects of the injury. Trust Montlick & Associates, Attorneys at Law and affiliated co-counsel to make every effort to obtain the greatest amount of compensation possible for you in your case.
The facts of your specific case and whether you accept a settlement or take your case to trial can affect the amount of damages you are able to obtain. In addition, the strength and persuasiveness of any evidence you might provide as to the extent of your injuries and other important details will also play a role in determining what your product liability case is worth.
The most common arguments made against injured consumers in products liability claims is that the consumer is responsible for his or her injuries in some way. For example, a manufacturer may allege that the injured person did not use the product as intended or did not follow instructions. Depending on the state in which the claim is filed, negligence can result in disproportionately different outcomes. In most states, ones that abide by the Legal Doctrine of Comparative Negligence, an injured consumer can still be entitled to recover compensation from a manufacturer even if the consumer acted carelessly by not reading warning labels and instructions for the product or not using the product as it was intended. In such scenarios, the victim’s recovery is reduced by their relative degree of negligence. For instance, in a jury deems the injured consumer 20% at fault, the injured consumer would receive 80% of their damages. Many states apply a doctrine called Modified Comparative Negligence, which only allows the plaintiff to financially recover compensation if they are less than 50% at fault.
Alternatively, in a Contributory Negligence state, if the Plaintiff is in any way at fault, even a mere 1%, they can be barred from seeking a recovery. Speak with one of our attorneys about the laws in your specific jurisdiction.
Let Us Help You Pursue Justice in Your Product Liability Lawsuit
Have you or a loved one been hurt by a defective product? Give Montlick & Associates, Attorneys at Law a call for your Free Consultation. With 38 years of experience in handling all types of personal injury cases and a team of attorneys, you can rest easy and focus on getting your life back in order if we handle your case.**
Call Us, nationwide toll-free, 24 hours a day, 7 days a week, for your free consultation today. Montlick and Associates, Attorneys at Law, has recovered billions of dollars for our clients.** We can be reached Nationwide 24/7 at 1-800-LAW NEED (1-800-529-6333). We also can be reached by dialing #WIN (#949) from your cell phone (with most cell carriers) or by visiting us at Montlick.com and using our using our Free 24-hour live chat service or online free case evaluation form.
* Legal services are provided by Montlick & Associates, P.C. and local associated law firms at no additional cost to you depending on the jurisdiction and any specialized experience required. For more information click here.
**Dollars recovered are cumulative and not indicative of individual case results. Each case is unique. Results depend on the facts and applicable law.
According to a new report published on CNBC.com, Tesla is recalling 48,000 motor vehicles due to a speed flaw that increases the risk of accidents.
According to an online accident news report published on wnem.com, the U.S. Product Safety Commission has announced that approximately 53,000 Generac and DR Power electric power washers are being recalled due to Carbon Monoxide danger.
According to an online news report published on wsaz.com, a whistleblower reported safety concerns about Abbott Nutrition's quality issued to the U.S. Food and Drug Administration months before the baby formula was recalled.
According to a recall alert published on the Consumer Product Safety Commission website, Monti Kids has initiated a recall of several Wooden Push Toys.
According to a recall news alert published on bestlifeonline.com, hundreds of Walmart stores throughout the United States are pulling more than 120,000 pounds of ground beef products off its shelves. The ground beef recall was initiated after it was discovered that beef products produced by Lakeside Refrigerated Services "may be contaminated" with E. coli O103. The problem was discovered during routine FSIS testing of imported products," the agency said in its alert.
According to an online news report published on 6abc.com, Consumer Reports has opened an independent investigation into Abbott Nutrition's baby formula recall after at least two baby deaths, and multiple illnesses were connected to Abbott Nutrition's baby formula manufacturing plant.
According to an online news report published on TheHill.com, the U.S. Department of Agriculture (USDA) recalled more than 4,500 pounds of Tennessee Brown Bag beef jerky products. The beef jerky was recalled because the food products were manufactured and marketed without pior federal oversight and inspection.
According to an online recall news report published on eatingwell.com, Walmart has recalled some Marketside organic zucchini due to Salmonella dangers.
According to an online recall news report published on eatingwell.com, Best Buy is recalling more than 700,000 air friers due to a potential fire hazard.
According to a recall news story published on nbcphiladelphia.com, the U.S. Food and Drug Administration has issued a food recall announcement concerning Turkey Hill's 48-ounce Chocolate Marshmallow Premium Ice Cream.
According to a recall article published on usatoday.com, the National Highway Traffic Safety Administration has announced dozens of auto recalls, including Ford Motor Company's recall of nearly 700,000 motor vehicles. USA TODAY created a list of auto recalls that involve ten or more motor vehicles.
According to an online news report published on natlawreview.com, the Association of Food and Drug Officials (AFDO) published a white paper that outlines issued in FDA's recall practice and also proposes some solutions. The Association of Food and Drug Officials is a nonprofit organization consisting of lawmakers, stakeholders, regulators, and industry representatives that seeks to improve the country's food and drug industries.
According to a news report published on foxbusiness.com, Babyganics has recalled two lots of baby bubble baths due to possible Pluralibacter gergoviae bacterial contamination.
According to a new report posted on forbes.com, some car buyers might be unknowingly buying motor vehicles that have unrepaired defects. The Forbes article suggests that the United States vehicle recall notification system is being attacked for not notifying car dealers and putting consumers at grave risk.
According to an online news report published on nj.com, Ford Motor Company is recalling over 650,000 of its motor vehicles due to windshield wiper defects that limit drivers' visibility and may cause an accident. Ford reported to the National Highway Traffic Safety Administration that the defective wiper arms could suddenly stop working, leading to an accident with injuries or death.
According to a news article published on mddionline.com, Medtronic has issued another product safety recall. The Dublin-based medical device manufacturer states that it has initiated a recall affecting certain lots of its Harmony Transcatheter Pulmonary Valve System. The Food and Drug Administration stated that the recall is a Class I recall, since the product's defect could cause injury or death. Class I recalls are the most severe type of recall.
According to a recall news report published on prevention.com, Pfizer has issued a recall of five lots of its Accupril blood pressure medication. The recall was initiated after high levels of nitrosamines were detected in five lots. Nitrosamines are known cancer-causing impurities. The Accupril recall follows recalls for two of its generic versions of the drug back in March.
RECALL ANNOUNCEMENT - According to an online recall alert published on wsbtv.com, more than 20,000 Columbus Trading-Partners CYBEX Sirona M Convertible child car seats have been recalled due to a choking hazard.
According to the Consumer Product Safety Commission, SOUNDBOKS Inc., of Santa Monica, California, has issued a recall of its SOUNDBOKS Generation 3 Bluetooth speakers due to a lithium-ion battery fire hazard. The Bluetooth speakers were manufactured in China. The recall number is 22-737 and affects approximately 6,700 units.
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.