Why Choose TorHoerman Law as your Personal Injury Lawyer? With few exceptions, most state laws are more or less the same when it comes to the types of defendants that can be held liable in defective product cases. Depending on your case, you may wish to retain the services of a lawyer who specializes in products liability. Below is a list of costs that may be compensated: Want to learn more? It is important to remember that there may be more than one potential defendant within each category. Each and all are part of the chain of distribution of the defective product, are therefore potentially liable, and should be named as defendants in your defective product lawsuit. This also applies to new or second-hand products bought through: auctions; websites Any business who imports a product into a EU member state from outside the EU; This is a particularly helpful piece of legislation, as it means you can pursue the importer of a product that was made abroad and you do not have to sue the foreign manufacturer. Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. In the event of a machine with a defect causing such harm or death, the person may have a valid lawsuit to pursue against the company or hospital that supplied the individual with the device. Did my Healthcare Provider Commit Medical Malpractice? You can sue if you slip and fall in a store or if a store’s product harms you in some way. Defective Product Lawsuit and Product Liability Law. Sending or receiving information through this site, posting to our blogs/news site does not establish an attorney/client relationship. What Do I Do if I am Involved in a Public Transportation Accident? Liability in a Motorcycle Accident Lawsuit, Motorcycle Accident Lawsuit — Seeking Legal Aid, Common Types of Intentional Tort Lawsuits, Proving Intentional Tort & Negligent Tort. How much experience do you have in product liability law? If you paid via credit card, you can force a refund if it's legitimate. To start the … They are likely to fight your lawsuit as long as it makes financial sense to do so. Be clear with your complaint. Individuals may sue the mechanic for defective mechanic work. Should I Join a Defective Product Class Action Lawsuit? Contact the business. Sepsis Infection Leading to a Sepsis Malpractice Lawsuit. To read more about pursuing a personal injury claim, see How to Win Your Personal Injury Claim, by Joseph Matthews (Nolo). When manufacturing a vehicle, several companies may bear some responsibility for the liability of a defective car part. Home ► Defective Product Lawsuit and Product Liability Law. For example, if you are injured by a blade that flies loose from your neighbor's defective lawnmower, you may have a defective product liability claim and you should name all parties involved in the chain of distribution of the lawnmower as defendants, regardless of the fact that you were neither the purchaser nor the one using the defective lawnmower when you were injured by it. Compensation should put you in the position you would have been in if the products or services had done what they are supposed to under consumer guarantees. For example, you may be able to claim compensation if your washing machine starts leaking and damages your kitchen floor. If you've been injured by a defective product and wish to sue to recover for your injuries, one of the first things you'll need to do is identify which people and companies might be liable and then name them as defendants in your claim. So, for example, if you were injured by a car with an exploding battery, you would bring your defective product liability claim against both the car manufacturer and the manufacturer of the battery (as well as any additional participants in the chain of distribution discussed below). Independent Contractors. If the ruling goes your way, you’ll be able to get your money back. If necessary, you can send an email instead of calling on the phone. Sometimes they have ways to initiate the chargeback online. Keep in mind that it is not a question of choosing one defendant over another (regardless of the protests of the retail store where you bought the defective product) -- any party involved in the chain of distribution should be named as a defendant in your lawsuit. Last Modified: March 19th, 2019 @ 02:00 pm, © 2019 TorHoerman Law LLC. Respondeat Superior vs. As far as product liability law goes, corporations are considered to be the equivalent of persons and can be held liable. In addition, even if you were injured by a defective product that someone else was using, you may still be able to bring a defective product claim. An attorney/client relationship with TorHoerman Law is established only by an express and written agreement by TorHoerman Law to represent you. When the … It may be beneficial for you to join a mass tort, especially if you are taking on a large company. This typically does not prevent you from suing them, because doing business in this country usually renders a foreign company subject to the jurisdiction of the courts where it does business. While you probably will not get a manufacturer’s attention with just a single lawsuit, mass torts are an effective way to get recognition from manufacturers. What Information Do I Need to File a Chemical Exposure Case? How Do I Choose the Right Daycare Injury Lawyer? Consider asking these questions: One of the most important qualities to look for is dedication and commitment to your case. This is why personal injury attorneys always try to track down as many "deep pocket" (wealthy) defendants (which usually means large corporations) as possible. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. You may discover that certain companies in the chain of distribution are foreign corporations or businesses. How Do I Choose a Chemical Exposure Lawsuit? If you are injured by a defective product, you might be able to file a product liability claim against the manufacturer and any seller. Contact a products liability attorney to discuss your legal options today. Our attorneys make a case-by-case assessment of any claims and results may vary depending on the facts concerning any case. Who Do I Sue in a Defective Product Case? Because of this, the search for every corporate entity that might be liable for the defective product in your case is usually well worthwhile. You don't have to be the product user. If you purchase a product that simply does not perform as advertised, causing no actual injury, then you may be covered by a warranty or at the very least have the option of returning it for a refund or exchange. Who Will Pay Compensation for my Injuries? To successfully sue a business for a personal injury, you need to start by documenting your injury and hiring an attorney. Generally, you will not be asked to join a defective product class action lawsuit. Compensation for injuries arising from a defective product may be properly assigned to the manufacturer of the product, the manufacturer of a component or ingredient of the product, the company that assembles or installs the product, the wholesaler, advertiser or the retailer of the product. How Much Money Can I Expect from a Workers Compensation Lawsuit? How Do I Choose a Defective Product Lawyer? How Do I Build a Slip and Fall Accident Case? How to Sue a Company for a Defective Product Milwaukee Personal Injury Attorneys on Defective Product Liability Cases. But corporations can change shape, form, and owners frequently by means of mergers with or acquisitions by other companies, reorganizations, spin-offs, re-naming, and so on. In states that follow pure joint and several liability, even if the only defendant who can afford to pay anything was only marginally responsible for the defective product, that defendant is obligated to pay the entire award of damages. Any medical devices are closely monitored by the U.S. Food and Drug Administration (FDA), a product can be defective in its design, manufacturing process, or marketing strategy. What type of incident is considered a wrongful death? Oftentimes we have clients come to us who were involved in a crash and think something happened with the car or the particular product, but they don’t know what to do first. For a minor failure, the business can offer you a refund, replacement or to repair the product free of charge. No attorney/client relationship is established with use of this website. A company can still be at fault if their negligence can … Manufacturers frequently recall defective products, either on their own or at the prompting of a government agency. I hope you are not badly injured. I bought a whirlpool refrigerator in 2013, it's now just over a year old and has been nothing but trouble. The responsible party in a defective product case depends on the type of defect as noted above. Damages Awarded in a Truck Accident Lawsuit. Even though the retail store where you bought the injury-causing product may not have manufactured it, the retailer may still be liable for selling you a defective product. The essence of this doctrines is that each and every defendant is liable both "jointly" (together) and "severally" (separately) for the entire award of damages. Compensation includes the cost to you caused by a problem with products or services. Your case will still be handled as an individual claim. How To Complain About Harassment at Work The Right Way If this doesn’t get results, you may want to file a complaint with the company by writing a complaint letter for the defective product and requesting a replacement or compensation. There are three different types of defects that can lead to consumer injury: The responsible party in a defective product case depends on the type of defect as noted above. How Does a Property Owner Minimize Liability? If you purchased a used product that turns out to be defective from a supplier of used goods, you might still be able to sue the supplier, depending on the product, the nature of the defect, and the particular state law applicable to your case. Non-economic damages include loss of consortium, pain, and suffering. In some circumstances, cases may be sent to other qualified lawyers. A contingency fee arrangement is ideal in the case of product liability or defective product lawsuit. You need someone who has experience in and has the resources needed to take your defective product lawsuit through to trial. An electrical fire started in my condominium with my family inside and the fire alarms didn't go off and didn't work when I manually pulled them outside. Can I sue for a faulty product? Who Sets the Laws and Regulations for Daycare Facilities? How Do I Sue a Company for a Defective Product? Don’t delay, since some retailers have time limits on returns (e.g., 14 days). They want to pursue a claim (or sue a company) for a defective product but they are unsure about their next steps. Who Do you Sue in a Truck Driving Lawsuit? Plus, even if the problem's just non-delivery or faulty goods, you've the same rights from the credit card company as from the retailer. The following is an overview of the types of entities typically involved at some point in the chain of distribution of any given product. Does it Matter if I Have Signed a Liability Waiver? Prior to filing a product liability lawsuit, you will be required to assemble personal injury evidence that links your injuries to the defective product. How Do I Choose a Bicycle Accident Lawyer? The ruling deals a major blow to Amazon, which has for years successfully fought off lawsuits that try to place liability on the company for faulty products sold … Instead, groups of similar defective product cases are often grouped together into “mass tort” lawsuits. How Do I Build a Case Against the Daycare? Is a wrongful death lawsuit handled like a criminal trial? The Process of a Medical Malpractice Case. You might be able to recover for used products. Can I file a wrongful death lawsuit on behalf of someone else? A manufacturer may discover the defect and voluntarily recall the faulty product, or the FDA or CPSC may issue a recall. Part 1 Disclaimer None of this information is intended as either legal or medical advice or opinions. Dangerous or otherwise defective products cause injury to countless numbers of consumers each year. This can lead to serious injuries or illnesses for consumers. A lawyer that is paid based on a contingency fee is willing to invest in your case with their own money and will be there until the end since they do not get paid unless/until they are successful. How Do I File a Case for my Bicycle Accident? A person or company can be held liable for a number of products ranging from faulty medical devices to foods that cause food poisoning. The attorneys at TorHoerman Law are licensed to practice in Illinois, Missouri, and California. This is a developing area of the law and varies from one case to the next. When Should I File a Chemical Exposure Case? When a consumer encounters a defective product, that could give rise to a "product liability" or "breach of warranty" lawsuit. Why are Property Owners Liable for their Premises? Can Both Parties be at Fault in Premises Liability? At TorHoerman Law, we specialize in a variety of product liability lawsuits. Does it Matter where my Slip and Fall Injury Occurred? If an item causes damage to your property through no fault of your own, you may have a legal right to claim compensation (also known as claiming ‘damages’). Each of these successor companies may "inherit" liability for its predecessor's participation in the chain of distribution of a defective product. Each state has different laws and many states cap damages that are able to be collected. As a general principle in defective product cases, you want to include any and all parties involved in the chain of distribution (the path that the product takes from manufacture to distribution to customers) of the injury-causing product. In some states, the information on this website may be considered a lawyer referral service. The party that you can hold responsible will depend on what company manufactured the product that malfunctioned. If you can’t reach an agreement with the supplier, you may be able to make a claim to the Disputes Tribunal or District Court for: breach of warranties under the Contract and Commercial Law Act if it’s a faulty product breach of contract for commercial services. Any product that malfunctions, while being used for the purpose it is intended, is considered a defective product. Do you offer a contingency fee arrangement / how and when will I pay? Since we make this large investment in clients, we can’t take all cases, we take only those cases that we believe we can win. Toxic Tort and Chemical Exposure Lawsuits. What is the Difference Between Battery & Assault? How Do I Prove that the Daycare is at Fault? For help on choosing a good personal injury attorney, read Nolo's article Finding a Personal Injury Lawyer or use Nolo's Lawyer Directory tool below for a list of personal injury attorneys in your geographical area. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Although these defective product lawsuits are also personal injury lawsuits, they can be more complex because manufacturers of defective products are liable under different legal theories. If the business refuses to fix the problem or is taking too long, you can ask someone else to fix the problem and request compensation from the retailer. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Types of Defective Product Liability Claims. The answer, as in all things legal, is maybe. Who Do I Sue in a Defective Product Case? For instance, if you would like to sue a company for sexual harassment in the workplace, gather any evidence you have such as e-mails, letters, reports, and text messages that may support your claim or incriminate the company. Injury lawsuits related to a faulty product can recover compensation for medical bills, lost wages from time off work, and other damages. Punitive damages may be compensable in some states depending on the severity of your injury and the actions taken by the responsible party. Can I sue an alarm company for a faulty product? You may think, “If the manufacturer is admitting the product is defective, I should automatically win the lawsuit!” Not so. When figuring out if you can sue the retailer, keep the following in mind: You don't have to be the buyer. How are Truck Accidents Different Than Car Accidents? The contents of this webpage have been prepared by TorHoerman Law, LLC for informational purposes only. Identifying all the parties involved in the chain of distribution of a defective product can be deceptively complex. The jurisdiction in which the product liability case is filed will determine the liability of those involved in the chain of commerce as the defective product passes from the manufacturer to the consumer. Compensation for Damages in Auto Accidents, What You Can Do to End Distracted Driving. In legal jargon, this is called a " cause of action." In addition to suing a manufacturer for a defective product, a consumer may also hold a company liable for breaching an implied or express warranty. For example, if your claim involves a manufacturing defect, you would include any quality-control engineers used by the manufacturer; if your claim involves a design defect, you would include any design consultants used by the manufacturer; and if your claim involves a failure to warn or provide adequate instructions, you would include any technical experts retained by the manufacturer to help write the instructions for the injury-causing product. Is Pharmacy Error Considered Medical Malpractice? The manufacturer may range in size from a multinational company to an individual working out of a garage (in which case you hope they have a good insurance policy). These are supposed to be connected in our condo and nothing worked. Are there any upfront costs such as a retainer fee. The attorney listings on this site are paid attorney advertising. When you make a claim, you have to prove there was a defect with the product. If using the defective product results in a consumer injury, the product is considered unreasonably dangerous. If you paid for the faulty goods with a credit card and they cost between £100 and £30,000, the credit card company will be jointly liable with the seller if the goods are not of satisfactory quality; this would mean you are entitled to a refund from either the seller or your credit card provider under Section 75 of the Consumer Credit Act. Disclaimer. How are Public Transportation Accidents Different from other Auto Accidents? Choosing the right defective product lawyer can be a difficult decision. How Does a Workers Compensation Claim Work? Consumers who have been injured as a result of car-related defect may have a legal claim to damages. Be sure to include any additional parties involved in the manufacture, design, or marketing of the product who might potentially be linked to the defect, especially if they are a separate entity from the manufacturer, such as an outside consultant or contractor. At the beginning of the chain of distribution is the manufacturer of the injury-causing product. How Do I Choose a Public Transportation Accident Lawyer? You need a legal reason to sue someone. In between the manufacturer and the retailer, there may be any number of wholesalers, suppliers, distributors, or other "middlemen." In most instances, state lawsuits over federally-approved medical devices face stringent legal obstacles and often receive increased national attention. Even if you were not the actual buyer of a defective product that caused you injury, you may still be able to recover. Economic damages including medical costs, disability costs, lost wages, and property damage. If possible, name these successor companies as defendants in your claim. When a company’s negligence causes injury. Individuals may bring their automobile to a mechanic for repairs. Multiple parties could be at fault for your injuries, you can take legal action against any of them. A letter is essential for making a formal complaint because it puts your issue on record. we have had repair men out 6 times to try and find out why it's not making ice like it should, and just last night it started making this hammering sound coming from the fan assembly. If you believe your injury was caused by a defective product, be sure that you meet the following criteria before considering a product liability lawsuit: If you used the product in the manner intended and the injuries were not warned about, you may have a product liability case and you should consider speaking to a product liability lawyer to compensate for your injuries. Express warranties are written or stated protections that come with several types of products, and many provide for standard replacement or repair services for a period of time. Repairs are needed for many reasons. The 45 minutes includes his total time of driving to and from court to file, as well as the time spent on the phone with the company when they call to settle…