What is a Defective Product?


What is a Defective Product?

When you suffer an injury due to a defective product, you will have the opportunity to file a products liability claim against the person, persons or entity responsible for causing your injuries. A defective product is an item used or purchased by a consumer that malfunctions or is faulty in some way causing serious injuries to the consumer.

Most often, this occurs within the motor vehicle and pharmaceutical industries where faulty car parts and dangerous drugs or devices end up causing substantial harm to the individuals who attempted to make use of a company’s products as intended. If you have been the victim of a defective product, working with an attorney can ensure that you achieve maximum compensation in your civil lawsuit.

Culpability In Products Liability Claims

The great thing about your potential products liability claim is that almost anyone involved in the chain of distribution of the product could be named as defendants in your case.

This might involve the entity selling the product, the product manufacturer, the party installing the product, or the manufacturer of a product used within the defective product. Your attorney will need to examine the details of your case to determine who should be found at-fault in your claim.

Defective Products that Made Headlines

You might’ve even heard of some of the most recent large-scale defective products cases. Two claims that have made headlines as of late include the Takata airbag recall and the Johnson & Johnson baby powder trials.

In the Takata airbag recall, the manufacturer or an airbag inflator in millions of vehicles across the world, Takata, sold automakers a faulty airbag inflator on purpose. It put drivers and passengers alike at risk for serious injuries and even death when the vehicle was either involved in a wreck or exposed to extreme heat or cold. After reports started flooding in, Takata had to replace all defective airbag inflators, pay hefty fines, and executives are even facing imprisonment.

Johnson & Johnson is known for their baby and women’s hygiene products. In recent years,  more claims are being brought against the baby powder giant due to their use of talcum based powder which has been linked to the cause of ovarian cancer when exposed to female genitalia. Awards in the last year include a $25 million dollar verdict in California, a $117 million dollar award in New Jersey, and a $417 million dollar award out of Los Angeles in 2017.

Getting The Most out of Your Civil Lawsuit

It will be up to your attorney to make sure that every single loss you’ve endured is taken into consideration when calculating the value of your claim. This includes both economic damages, which impact your finances, and non-economic damages which affect your psyche and lifestyle. Economic damages include losses such as your lost wages, damage to your earning potential, property damages where applicable, and your medical expenses.

You’ll want to discuss your medical expenses in detail with your attorney. The cost of healthcare in the United States is very high, and you don’t want to get stuck with any costs that the liable party should be responsible for. This includes medical equipment, adjustments to your home to accommodate medical equipment, co-pays, costs of prescription medications, ambulance fees, diagnostic imaging, and physical or occupational therapy to name a few.

In addition to your economic losses, your non-economic damages can be just as impactful, and should be considered as ssuch. Your non-economic damages might include pain and suffering, inconvenience, the loss of household services, the effects of disfigurement, the loss of companionship and love, emotional distress, and the loss of enjoyment of life.

In some cases, the Judge might even issue you an award of punitive damages. This is only done to punish the defendant when their actions were malicious or intentional and to make an example of them for potential wrongdoers.

Consult with an Experienced Defective Products Lawyer

If you believe that a defective product is responsible for causing your injuries, you can discuss your case during your free consultation with a skilled products liability lawyer. Your defective product lawsuit could allow you to pick up the pieces of your life and support your family while you focus on your recovery.