National Product Liability Attorneys

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 injuries do not take responsibility. If you have been injured due to a product liability, you can take legal action against the manufacturer of the product under the legal doctrines of strict liability or general negligence. The difference between strict liability and general negligence are:

• 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.

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 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.

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.

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 Injury Associates, 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.