Product Liability and Mass Tort Litigation
Mass tort cases are assembled when many people are harmed in a similar way due to a company’s alleged negligence. One of the most common types of mass tort cases are product liability torts. These cases can be filed for many different reasons, often due to a defective product such as a faulty medical device.
If you or a loved one was harmed due to a defective medical device, you may be eligible to file a product liability lawsuit.
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Types of Product Liability Claims
Generally, there are three types of product liability lawsuits an individual can file against a company. The three types of claims include:
- Negligence
- Strict liability
- Breach of warranty
Regardless of what type of claim is filed, a claimant will need to prove that at least one of the three defects below existed.
- Manufacturer Defects. A manufacturer defect is caused by an error in the production or assembly process. This type of defect may happen due to an issue on the assembly line at the factory.
- Design Defects. A design defect occurs when the people or entities involved in the blueprint or specifications of the product are responsible for an error that renders the whole product line unreasonably dangerous.
- Failure to Warn (Marketing Defects). A marketing defect occurs when a manufacturer fails to provide adequate instruction on how to use a product or fails to warn its consumers about an inherent risk of the product. The manufacturer, however, does not need to warn consumers of the obvious risks of a product. For example, a manufacturer does not need to warn consumers that a knife is sharp.
How a Defective Medical Device Lawyer Helps Injured Individuals
Grant & Eisenhofer is a leading plaintiffs’ firm in the mass tort industry, having recovered large-scale settlements on behalf of its clients against numerous pharmaceutical product and device manufacturers.
If you have been significantly injured by a defective product or medical device, speak to an attorney experienced in product liability law and mass tort litigation.
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Schedule a free consultation with us to discuss your potential defective or dangerous product or medical device claim.
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