When a product is designed and manufactured due care must be used to ensure that it is safe for the consumer. If it is proven to be unsafe, then a claim may be brought if the end user is injured while using the product for the purpose for which it was designed.
However, the law relating to defective products has changed recently severely limiting the right of injured parties to bring claims against companies that manufacture medical products in any defective manner. A new U.S. Supreme Court ruling has limited the rights of such parties to bring lawsuits in state courts unless it can be shown that the manufacturer of such medical products violated FDA regulations with regard to the production of medical products such as breast implants and pain pumps. It appears that this decision could be extended by the U.S. Supreme Court in the future to pharmaceutical manufacturers which could have a devastating effect on those patients who were prescribed medications which trigger other diseases and otherwise radically affect the health of the consumer.
However, the law of defective products still exists in most states allowing injured plaintiffs to sue the manufacturers who produce a defective product as well as the wholesaler who sells such products to the eventual retailer outlet who in turn sells a defective product to a consumer who is subsequently injured. There are a variety of legal theories that can be utilized in order to recover compensation for injuries from defective product such as household appliances, space heaters, baby strollers/cribs, sporting goods equipment and automobile air bags. State laws differ with regard to the recovery allowed in section defective or harmful chronic cases.
It is important that you seek the legal advice you need if you are injured from defective merchandise by contacting a competent attorney. We invite you to allow our firm to help guide you through the complex legal process if you are injured and zealously represent your interests. Making a claim against a large product manufacturer is not a simple matter and large companies never admit that their product was manufactured in a negligent manner without using due care. In defective product cases time limits or statutes of limitation are common throughout the United States in state courts. Therefore, if you are injured, you must seek to preserve your legal rights as soon as possible. Our office will provide you with a free consultation regarding the merits of your case in any product liability case.
When negotiations have failed in any defective or harmful product claim against a manufacturer, wholesaler or retailer, then a lawsuit can be filed by an attorney on your behalf if you are severely injured as a consequence of using a manufactured product or merchandise in the manner for which it was intended to be used. You will not be successful in your claim in most circumstances if you used the product without following the instructions and in a way that was not designed for use.
There are various theories of law upon which your interests can be developed in a lawsuit including a claim that a product was negligently designed or manufactured without using due care and precaution. Another claim that can be made is an implied warranty of merchantability under the Uniform Commercial Code wherein a consumer has a right to a certain level of quality when a product is introduced to the consumer. Finally, in some instances, if you or a family member are injured by a particular defective product you may be able to proceed with a claim that the manufacturer purposely or negligently misrepresented the facts regarding the product and method of usage creating a false sense of security on your part as the injured party. As indicated, defective product law is complicated and you are invited to contact our firm which is available 24/7 on our toll-free number 1(800)516- 0006. We have offices to serve you in Aventura, Pembroke Pines, Doral and Weston, Florida as well as in New York and Colorado.