1. WHAT IS A PRODUCTS LIABILITY CLAIM?
Defective or dangerous products cause thousands of deaths and injuries every year. “Product liability law” refers to the law involving manufacturers, distributors, suppliers, and others who enter products into “stream of commerce” who may be held liable for the deaths and injuries of caused by their defective or dangerous products. There are three types of defects that might lead to a manufacturer, distributor, or supplier being held liable: (1) manufacturing defect, (2) design defect, and (3) marketing defect, which includes improper warnings, improper labeling, and insufficient instructions.
2. PRESERVE THE EVIDENCE
It is very important that if you are or someone you know is injured or killed by a defective or dangerous product that you do not throw away the product. You should keep it in the same condition as when it caused the injury. Stop using the product. Do not send the product to the manufacturer or others that may dispose of the product. The product should be kept in a safe place. Your attorney will ask for the product so it can be inspected.
3. KEEP ALL DOCUMENTS RELATED TO THE PRODUCT
After an injury occurs, you should search for and retain all documents relating to the product including: sales receipts, instruction manuals, warranty documents, service and maintenance records, packaging materials, communications with the manufacturer or retailer, and any complaints that you have made regarding the product. These records contain important information related to the product and your claim.
4. BEWARE WHEN CHANGING OR ALTERING THE PRODUCT
If a product is changed or altered in a significant way, the manufacturer may not be liable for your injuries. The manufacturer will argue that it is not liable if you change or alter the product and because the change or alteration caused your injury.
5. WHO YOU CALL MATTERS
Steve Weinberger and Michael Medina are the new Catastrophic Injury and Wrongful Death Team at Davis Miles McGuire Gardner. With nearly 60 years of practice in the complex field of product liability, Steve and Michael have what it takes to handle your products case from start to finish. They are the DMMG A-Team when it comes to catastrophic injury and wrongful death matters with well over $100MM recovered in such cases. If you or someone you know has been injured by a product, please contact Steve Weinberger at SWeinberger@davismiles.com or Michael Medina at MMedina@davismiles.com.