Were You Injured By A Defective Product in West Palm Beach?
As a consumer, you reasonably assume that the product you have purchased is safe to use, but sadly this is not always the case. If you’ve been injured by a dangerous or defective product in West Palm Beach then you must pursue a claim for compensation as it is your right to claim it. Contacting a West Palm Beach product liability lawyer today to help.
Injuries and Product Liability
Millions of people throughout the U.S are affected by faulty products each year, causing injury and in some cases even fatalities. There are numerous reasons why an injury could occur from product liability but one of the most common is companies failing to market their products correctly with the required safety warnings and instructions. The reason why so many companies are failing to communicate the necessary warnings and instructions is that they are increasingly importing their products from other countries who have lesser safety standards. In other cases, faulty products end up on the market due to poor manufacturing processes conducted by companies who are attempting to increase their bottom line.
Finding the Best Product Liability Lawyer in West Palm Beach
Here at the Shiner Law Group, we have been handling lawsuits involving defective product claims for more than 15 years, obtaining our clients’ tens of millions of dollars rightfully owed to them. In this time we have gained a diverse range of experience allowing us to develop relationships with experts across many industries, this enables us to hold offending companies accountable for their faulty products and to pursue the fullest recovery for consumers who were injured by them.
Injuries due to Defective Products and Liabilities
When you suffer an injury caused by a defective product, our experienced product liability lawyers will pursue any entity involved within the production, manufacturing, and distribution of the product. An important function of property liability law involves shifting the financial risk associated with defective products to business entities who were in a position to prevent injury. What this means is that although you may have purchased a product from a retailer it is often in fact companies along the product distribution chain who were best positioned to anticipate the product’s defects and so financial responsibility should lie with them. Here at Shiner Law Group we often pursue claims based on three separate legal theories: negligence, strict liability, and breach of warranty.
- Breach of Warranty
Products without an express warranty are usually subject to warranties that are implied by law. These law implied warranties are designed to protect you as the consumer from falling foul of poor quality or faulty products. If the product fails to meet the terms of these implied warranties or its express warranty then this breach can provide a basis for prevailing in a product liability claim.
- Negligence Claims
Companies have a responsibility to take reasonable care to prevent injury to others, therefore if one of their products causes injury then this could constitute a negligence claim.
- Strict Liability
People or companies involved in the design, manufacture, and sale of defective products can be liable on a “no-fault” basis, which is referred to as “strict liability.” Under this form of liability, the injured consumer is not required to prove a lack of reasonable care by entities in the manufacturing-distribution chain for the unsafe product.
Variety of Defective Goods Involved in Product Defect Lawsuits
Virtually any product can be involved in a product liability case, from motor vehicles to child car seats, kitchen equipment to mobile phones, so don’t hesitate to contact us regardless of the kind of product you have experienced a fault with.
Product Liability Case Examples in West Palm Beach
At Shiner Law Group we’ve seen a variety of product liability cases from the west palm beach area including those for:
- Child car seats
- Prescribed medication
- Defective vehicle parts
- Baby cribs
- Medical devices
- Dangerous toys
- Tainted food products
- Over-the-counter medications
Product Liability and Consumer Safety
The Consumer Product Safety Commission (CPSC) is the agency charged with protecting consumers from chemical, fire, electrical, mechanical, and choking hazards, which cost approximately a trillion dollars annually. Should a product be found to be at risk of one of these hazards it is recalled. Some famous recall examples include:
- The Ikea Furniture Wrongful Death Lawsuit
Ikea recently reached a $50 million settlement after one of their pieces of furniture collapsed onto three children causing them to be crushed to death.
- Mobile phone and laptop battery recalls
The Samsung Note 7 was recently recalled after it was found that its battery was posing a fire risk. This is not uncommon in both laptops and mobile phones.
- Dangerous Pharmaceuticals
The drug market is a highly profitable one and manufacturers often race to get a drug to market. This can lead to illegal marketing of drugs and rushed clinical trials that can leave patients at risk of harm. We have represented patients harmed by pain medications like Bextra, and Vioxx, cholesterol drugs, and other medications.
West Palm Beach Defective Product Liability Representation
We have represented clients with a number of product liability cases including those caused by:
- Design Defects
If the fault that leaves the consumer open to risk is a result of the inherent design of the product then it is a design defect. Even if the product conforms precisely to the design specifications, the defect will be present. A product can be determined to have a design defect when a feasible alternative design could have been used that would have mitigated the risk of injury. An example of a design defect might be an item of furniture that is inherently unstable, leaving it at risk of falling and causing harm. Similarly, toys designed for children with removable parts that are small enough to pose a choking hazard are also a design defect.
- Manufacturing Defects
Manufacturing defects occur during the creation of a product or its parts. In these cases, a fault in the manufacturing process can cause a product to deviate from the design specifications. The inspection and quality control process should identify these flaws but in some cases, defects slip by unnoticed. An example of a manufacturing defect might involve problems in the manufacturing process of radial tires that result in a defective bond between the steel belts and rubber. This defect can result in the tires suddenly losing their tread.
- Assembly Defects
If the design or manufacture of a product does not cause fault then the default could have become present during assembly. Some examples of assembly defects include when components or parts are not properly attached, fastened, or secured.
- Failure to Warn
Improper labeling on marketing materials can constitute the basis for imposing liability. Product manufacturers are even expected to anticipate reasonably foreseeable misuse that might cause injury and this should also be listed on the product label or in the instructions. A child’s toy with small parts that does not carry a warning to keep the product out of the reach of small children provides an example of these types of defects.
Consumer Product Risks and Injuries From Foreign Products
Products imported from abroad often do not conform to the high safety standards and quality control measures put in place in the US to keep consumers safe. U.S. companies increasingly are importing items from countries like China where health and safety standards are not so high and safety instructions may even be printed in the wrong language. Because foreign products know that their safety standards are not up to scratch they often market the goods in a manner that deceives consumers into believing the goods were subjected to the rigorous standards found in the US. During the last decade, goods manufactured in China have led to widespread recalls, bans, warnings, and scandals.
Some examples of the defective products imported from China and marketed to consumers by U.S. companies include:
- Toys coated with toxic lead paint
- Radial tires with safety features eliminated causing the tires to come apart
- Incredible Chinese seafood
- Toothpaste containing poisons substances
- Contaminated pet food
- Sunglasses containing lead paint
- Cosmetics containing bacteria, lead, aluminum, beryllium, and mercury
What To Do After Injured By A Defective Product
If you have been injured by a defective product then the process for claiming compensation can be long and arduous. Our law firm specializes in handling these cases and has successfully represented many people injured by a broad variety of consumer products. To help our lawyers with your case there are a number of actions that a person injured by a dangerous product should take including:
- Saving the faulty product and any packaging or documents that came with the product as evidence.
- Keeping the defective product in a place where it will not be disturbed.
- Obtaining contact information for any witnesses to the injuries caused by the unsafe product, or obtaining video footage.
- Noting all identification information about the product, such as the manufacturer, model number, model name, serial number, place, and date of purchase.
- Refraining from mentioning or sharing information about your injury claim on social media websites or discuss your case with anyone other than your lawyer.
Seeking A West Palm Beach Product Liability Lawyer
If you or someone you love has suffered a serious injury caused by a defective product, we welcome you to contact our experienced West Palm Beach personal injury lawyers so that we can evaluate your claim and advise you of your rights and options. We are committed to helping victims recover the compensation they need to move past injuries, so call us 24/7 at (561) 777-7700 or online for a free case review to see how we can help.