When a consumers purchase a product, it is reasonable to presume that the product has been properly tested and subjected to quality control standards so that the product will not cause injury to unsuspecting consumers. While this expectation is understandable, there are many products each year that cause injury to consumers even when consumers use the product exactly as intended. In other cases, the product manufacturer may be aware that the product poses certain risks if used in a particular way but fail to adequately warn consumers of this risk.
When you pursue a product liability claim, it is important to work with a law firm with experience handling these complex cases that has the extensive financial resources necessary to take on large corporations that may have deep pockets and a team of attorneys to help the company avoid liability for injuries resulting from its products. The experienced Augusta product liability lawyers at Montlick and Associates have been successfully representing those injured by dangerous and defective products since 1984.
While the U.S. Consumer Protection Safety Commission (CPSC) promulgates safety standards and product recalls designed to protect consumers, these recalls typically occur after innocent consumers have already reported potential hazards associated with a product, or they have been injured by the product. There are many varieties of products each year with product defects that may injure consumers including:
- Motor vehicles
- Consumer electronics (e.g. lap top batteries)
- Children’s toys
- Defective pharmaceuticals
- Household appliances like space heaters
- Defective medical devices
The CPSC is the federal agency which oversees consumer safety with regard to a broad range of products. Companies that manufacture products that are regulated by the CPSC may have accidents related to their product reported by consumers to the federal agency. Depending on the severity of the hazard or injuries, the CPSC in conjunction with the product manufacturer may issue a recall of the product. However, some companies ignore adverse events or delay reports of injuries to avoid costly product recalls and increase profits. Sometimes product manufacturers will actually delay implementing a recall which may allow accidents to occur that can result in consumers being injured.
Our experienced Augusta product liability attorneys work hard to carefully analyze the specific facts of the case and develop the most effective legal strategy. Our reputation with insurance companies often motivates insurance carriers to offer reasonable settlements rather than risk the uncertainty of a lawsuit.
Product liability law is the body of law that is designed to provide financial compensation for those injured by defective and dangerous products. It generally provides that a consumer who is injured by defective products may seek compensation for anyone in the production, distribution or marketing chain. The rationale behind imposing liability on anyone in the chain of production is that it shifts responsibility to the party best able to prevent injury. Product liability law also shifts the cost of injury to the company that profits from the sale of the product. Our Augusta product liability lawyers may pursue any of three legal theories for imposing liability on the maker of a defective product:
Strict Liability Theory (Liability without Fault): Despite the complexity involved in many product liability lawsuits, the law allows for establishing liability without proving specific negligence by anyone in the production chain in some product liability cases. Where strict liability applies, it is sufficient to show that the product was defective when it left the control of the manufacturer.
Negligence Theory: A negligence theory is appropriate when it can be established that a specific company or entity in the chain of production failed to exercise reasonable care to provide a safe product. A product manufacturer may be negligent in its development of the basic design for the product or the defect may arise later in the production process as a product of manufacturing error. Negligence can sometimes be harder to prove in a product liability case because a product may move through a variety of entities making it difficult to determine exactly where the manufacturing or design error originated.
Breach of Warranty Theory: If a product comes with an express warranty, a consumer who is injured when the product fails to perform safely according to the terms of that warranty may have a claim for damages. Further, there are certain warranties that are implied by operation of law, which may also be the basis for a breach of warranty claim. Unfortunately, many warranty claims are preempted by disclaimers in the instructions or on the package of the product. The packaging of the product also may be relevant when a manufacturer is aware that a product may be unsafe when used in a foreseeable way but fails to provide adequate instructions or warnings.
Holding Companies Accountable for Their Defective or Unsafe Products
Our law firm is not afraid to take on the largest corporations in the state and country to help our clients obtain the compensation that they need to compensate them for serious physical injuries. With the flood of products being imported from countries with poor quality control and few safety regulations, Augusta consumers are increasingly at risk of being injured by defective products. The media has been inundated with reports of dangerous products coming out of China, including cadmium and lead paint in children’s toys and contaminated milk. If a defective product causes you to suffer an injury, you should save all parts of the product, packaging and instructions.
If you are injured by a dangerous or defective product, Montlick and Associates is committed to providing exemplary legal representation and tenacious advocacy. We encourage you to schedule a free consultation because there is absolutely no obligation for us to evaluate your product liability claim. No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.