Product Liability Lawyers for Victims of Defective Products
We Know What it Takes to Win™ Product Liability Cases
I highly recommend Montlick & Associates.
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 39 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:
- Defective industrial, agricultural, construction or farming machinery and equipment
- Defective tools
- Dangerous or recalled toys, choking hazards
- Defective over the counter drugs
- Defective prescription drugs or other pharmaceuticals
- Defective over-the-counter-medications (OTC), other pharmacy ointments and other drugs
- Defective supplements
- Medical devices
- Breast implants
- Defective automobiles including recalls and/or automotive parts (RVs, ATVs, Trucks, Motorcycles, etc.)
- Autonomous driverless vehicles
- Airplane software and equipment failure
- Defective tires
- Bikes, Scooters
- Contaminated food and beverage products, produce
- Ingredient error and omissions on food labels
- Exploding batteries, such as Lithium Ion Batteries
- Household Goods, Appliances and Furniture
- Agricultural chemicals such as pesticides with unintended side effects
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.
- In a strict liability claim (when state law allows), the consumer is not required to show that the manufacturer acted negligently in designing, manufacturing and/or creating warnings about the dangers of the product. Rather, the focus of the claim is on the product itself and the defective and/or dangerous nature of the product. Specifically, a plaintiff must prove that the product left the hands of the manufacturer or seller in a defective state, as opposed to having to prove how or why the product came to be defective.
- Alternatively, in a negligence claim, the consumer alleges that the manufacturer acted below a reasonable standard of care in designing or manufacturing a dangerous product. Often, negligence claims against manufacturers may include failing to provide adequate warnings about the dangers of a particular product.
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 39 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:
- Past and future medical bills
- Lost income
- Loss of earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Punitive or “Penalty” Damages if the defendant manufacturer’s conduct is egregious, such as when a it releases a product that it knows is dangerous (subject to state law)
- Loss of consortium
- Emotional distress
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 39 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.
March 05, 2023
Personal injury attorneys play a vital role in holding companies and manufacturers accountable for producing unsafe products. By filing lawsuits and advocating for safer products, personal injury attorneys have helped to improve product safety and prevent injuries and deaths caused by dangerous products.
February 14, 2023
Products liability cases are a common form of legal action that allows consumers to hold manufacturers, distributors, and sellers of products responsible for injuries or damages caused by their defective products. These cases can arise from a wide range of products, including but not limited to, automobiles, medical devices, consumer goods, and industrial equipment.
January 24, 2023
According to a child safety report published on FoxBusiness.com, nearly 40,000 sets of children's pajama sets have been recalled after the products failed to meet federal flammability standards.
January 24, 2023
Over 2 million 4moms baby rockers and swings have been recalled due to at least one strangulation death.
According to a safety alert published on FoxBusiness.com, over two million 4moms RockaRoo Baby Rockers & MamaRoo Baby Swings have been recalled after one child was tragically strangulated to death. The affected baby swings and rockers have been sold nationwide. The recall states that the recalled 4moms MamaRoo Baby Swings & RockaRoo Baby Rockers were recalled due to strangulation and entanglement dangers. According to the Consumer Product Safety Commission (CPSC), another baby was seriously injured.
January 12, 2023
According to the most recent data provided by the National Safety Council, the number of product injuries declined until 2021. In 2020, the number of product injuries had fallen by 18%.
January 09, 2023
According to a report posted on consumerreports.org, Peloton Interactive will pay a legal fine totaling $19,065,000. The fine will settle accusations that Peloton failed to report to the Consumer Product Safety Commission (CPSC) that the company's Peloton Tread+ treadmill had a defect making the treadmill unreasonably unsafe.
December 29, 2022
ST. LOUIS COUNTY, MISSOURI - According to an online news report published on ksdk.com, a family of four suffered a tragedy in their new North St. Louis County home.
December 29, 2022
WASHINGTON DC - According to furnituretoday.com, the "Stop Tip-overs of Unstable, Risky Dressers on Youth Act," also known as "STURDY" was signed into federal law by President Biden. The STURDY Act was included in President Biden's national spending package.
December 27, 2022
According to an online news report posted on mykxlg.com, Target is recalling more than 200,000 Weighted Blankets following the tragic deaths of two girls.
December 27, 2022
According to an online news report published on thehill.com, the U.S. Consumer Product Safety Commission has announced the recall of more than 600,000 Samsung Top-Load Washing Machines.
December 27, 2022
According to an online news article published on knkx.org, the federal government is considering a ban on gas stoves in 2023. The news report states that the ban will minimize the health risks associated with gas stoves. Officials believe that gas stoves are dangerous because they release toxic pollutants even if the gas stoves are not lit.
December 27, 2022
According to a news report posted on consumerreports.org, the U.S. Consumer Product Safety Commission (CPSC) stated that e-bike and e-scooter manufacturers who do not abide by new safety standards could face product seizures and costly recalls. The Consumer Product Safety Commission's warning letter was sent to more than 2,000 importers, and manufacturers was a warning to the underregulated and rapidly growing industry. The CPSC is concerned about the hazards posed by the lithium-ion batteries used in electric bikes and scooters.
December 27, 2022
Safety experts state that it is better for parents to keep an eye on toy safety so that they can prevent a trip to the emergency room. According to the U.S. Consumer Product Safety Commission (CPSC), over 200,000 people were treated in emergency rooms for toy-related injuries in 2021. Safety experts also recommend that parents and gift-givers think about toy safety when buying gifts for children.
December 13, 2022
According to an online news report published on Reuters.com, lawsuits filed against companies who produce and/or use per- and polyfluoroalkyl substances (PFAS) are growing in both state and federal courts throughout the United States. PFAS are artificially created chemicals that are resistant to breaking down, thus the name "forever chemicals." PFAS studies have revealed that PFAS causes serious medical problems. These recent lawsuits involve PFAS manufacturers, owners of places, and air bases that frequently use PFAS-containing materials. These lawsuits are also beginning to target companies that violate consumer protection laws for mislabeling or failure to warn about PFAS chemicals used in consumer goods.
December 10, 2022
Ortal Traditional Gas Fireplace Fire Lawsuit Lawyers
Nationwide Ortal Traditional Gas Fireplace Fire Legal Help
If you or a loved one have been harmed by an Ortal Traditional Gas Fireplace, our national law firm may be able to help you or your loved one receive substantial financial compensation for your injuries or loss of a loved one. No matter where you are located we are just a phone call away. For your Free Consultation, call our 24/7 Nationwide legal help line at 1-800-LAW-NEED (1-800-529-6333).
December 10, 2022
E-Bike Lithium Ion Battery Fire Wrongful Death Lawsuit Lawyers
Nationwide Lithium-Ion Battery Explosion Legal Help
If you or a loved one have been harmed by a Lithium Ion Battery Fire, our national law firm may be able to help you or your loved one receive substantial financial compensation for your injuries or loss of a loved one. No matter where you are located we are just a phone call away. For your Free Consultation, call our 24/7 Nationwide legal help line at 1-800-LAW-NEED (1-800-529-6333).
October 26, 2022
Chemical Hair-Straightening Product Uterine Cancer Lawsuit Lawyers
New Study Reports: Hair-Straightening Products Linked to Uterine Cancer Risk
Nationwide Injury Legal Help
If you or a member of your family used a chemical hair-straightening product and have been diagnosed with uterine cancer, you might be able to obtain substantial monetary compensation. No matter where you are, we are only a phone call away. For your confidential, Free Consultation, call our 24/7 Nationwide legal helpline at 1-800-LAW-NEED (1-800-529-6333).
October 18, 2022
Walmart Acetaminophen Autism Lawsuit Lawyers
The Walmart Acetaminophen Injury Lawsuit Lawyers at Montlick Injury Attorneys fight for maximum compensation for your family.
October 14, 2022
Nationwide Magic Chef Air Fryer Burn Injury and Death Legal Help
If you or a loved one have been harmed by Magic Chef Air Fryer, our national law firm may be able to help you or your loved one receive substantial financial compensation for your injuries or loss of a loved one. No matter where you are located we are just a phone call away. For your Free Consultation, call our 24/7 Nationwide legal help line at 1-800-LAW-NEED (1-800-529-6333).
Specific Models of Magic Chef Air Fryers Recalled Due to Fire Danger
According to an online news alert published by the United States Consumer Product Safety Commission (cpsc.gov), over 10,000 Magic Chef Air Fryers have been recalled due to a defect that caused the affected units to catch on fire causing burns, injuries and property damage.
October 12, 2022
Nationwide Eames Desk or Storage Unit Lead Poisoning Legal Help
If you or a loved one have been harmed by Eames Desk or Storage Unit, our national law firm may be able to help you or your loved one receive substantial financial compensation for your injuries or loss of a loved one. No matter where you are located we are just a phone call away. For your Free Consultation, call our 24/7 Nationwide legal help line at 1-800-LAW-NEED (1-800-529-6333).