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 defective product that causes harm.
If you or a loved one was harmed due to a defective product, 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
Any product entering the stream of commerce with manufacturing errors is susceptible to being labeled defective. In such cases, if you sustain an injury as a result, you may have grounds for a products liability claim rooted in faulty manufacturing.
The onus lies with the manufacturer to implement stringent quality control measures. Products afflicted by production flaws that compromise safety should not be distributed for sale. Consumers are entitled to presume that products are manufactured correctly and should not be expected to discern manufacturing errors. Should an injury occur due to a production defect, pursuing legal recourse through a defective product lawsuit is a viable option.
Defective Design
Occasionally, manufacturers may inadvertently create products with flawed designs. Despite lacking malicious intent, these design flaws can pose significant problems. It is incumbent upon manufacturers to meticulously craft designs that prioritize safety. In instances where a product's design compromises safety and leads to injury, pursuing legal action for a defective product based on inadequate design is a viable recourse.
Failure to Warn
Merely manufacturing a product is insufficient for a product manufacturer; they are also obligated to provide consumers with guidance on its proper usage. This includes issuing warnings about any potential hazards associated with the product. Ensuring that consumers have a fair opportunity to learn how to utilize a product correctly is essential.
Manufacturers are required to provide adequate warnings for all foreseeable uses of their products. For instance, it is reasonable to anticipate that someone might attempt to stand on a chair. Therefore, product manufacturers must provide comprehensive instructions to assist consumers in safely and correctly using their products.
Our lawyers are actively reviewing claims for the following products and medical devices:
