Product Liability

During each day of a person's life they come in contact with a product of some type. Infants are surrounded by cribs, play pens, car seats, toys, medications and other products which are specially made to suit their unique needs. Older children come in contact with bicycles, electronic games, medications and products that are specifically marketed to adolescents. Finally, adults come in contact with cars, boats, appliances, machinery at workplaces, medications and products that become a part of their daily lives. Many products are safely designed and pose no special risk to the person using them. However, a significant number of products which are improperly designed, constructed or which fail to warn about hidden dangers cause severe injuries or death. Problems with dangerous products is so prevalent that the Federal Government created the Consumer Product Safety Commission to reduce the risk of injuries and death caused by consumer products.

Persons who are injured by improperly designed or manufactured products have a cause of action against the manufacturer and/or retailer responsible for placing the product in the marketplace. Such products very often result in permanent and disabling injuries. These injuries invariably cause immense pain and suffering as well as mounting medical expenses and lost wages. They necessarily have a significant impact on spouses, children and other loved ones. The emotional toll they take on a family is immeasurable. Although no amount of money can repair the damage such injuries cause to the person or his or her family, the economic pressures created by the injuries can be relieved through the assertion of a proper claim against the responsible party. Such claims are generally called product liability claims.

Product liability claims and lawsuits against manufacturers and retailers are very difficult to maintain. Such companies generally have large legal staffs or have major insurance companies defending their interests. Claims against these companies virtually always end up in litigation. In order to be successful in product liability lawsuits, experts in engineering or other specialized areas must be retained to testify with respect to the defects in the design or construction of the product. The litigation generally requires the devotion of a significant amount of time, resources and energy. Since the litigation can be protracted and evidence lost, it is important that a person who believes they have a potential claim against a company for the manufacturing or sale of a dangerous product immediately start pursuing their claim.

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