When we make purchases, we inherently trust that the products will fulfill their intended purpose and enhance our daily lives. Yet, when products fall short of safety standards or harbor unforeseen risks, the consequences can be devastating. Individuals affected by faulty products are left grappling with injuries, financial burdens, and emotional trauma.
Below, we explore what product liability claims are, as well as some of the most common ones.
What is a Product Liability Claim?
A product liability claim is a legal action pursued by individuals who have been harmed or suffered damages as a result of using a defective product. These claims typically arise when a product fails to meet safety standards, contains design flaws, has manufacturing defects, or lacks adequate warnings or instructions for safe use.
Product liability laws hold manufacturers, distributors, and retailers accountable for ensuring that the products they sell are safe for consumers. When a product causes harm due to negligence or a breach of duty, those injured have the right to seek compensation for medical expenses, lost wages, pain and suffering, and other damages through a product liability claim.
These claims play a crucial role in protecting consumers’ rights and holding responsible parties accountable.
Common Types of Product Liability Claims
1. Defective Hip Implants
Metal-on-metal hip implants, introduced in the early 2000s, promised enhanced durability and activity levels but often resulted in severe complications. Constructed with cobalt-chromium alloy components, these implants can shed particles during movement, causing tissue damage and osteolysis, necessitating further surgeries.
Notable recalls, such as Johnson & Johnson’s DePuy Orthopedics’ ASR XL Acetabular System and ASR Hip Resurfacing System in 2010, underscore the serious health risks associated with these implants.
Constrained liner hip implants, designed to prevent dislocations, face similar scrutiny due to issues with range of motion, impingement, and traumatic dislocations, highlighting concerns about safety and efficacy.
>>> Related read: Learn more about Hurley McKenna & Mertz’s experience with defective hip implants here.
2. Faulty Medical Devices
One of the most distressing scenarios involves medical devices that fail to perform as intended, causing severe harm to patients. From defective pacemakers to faulty hernia mesh, these cases often result in significant physical and emotional suffering for the survivors.
Lawsuits against medical device manufacturers typically center on allegations of design flaws, manufacturing defects, or inadequate warnings about potential risks. The legal process can be complex, requiring expert testimony and extensive evidence to establish liability and secure fair compensation for the survivors.
3. Dangerous Pharmaceuticals
Pharmaceuticals are meant to improve health outcomes, but when they have undisclosed side effects or are inadequately tested, they can lead to serious health complications. Lawsuits related to dangerous drugs often allege negligence on the part of pharmaceutical companies in failing to adequately warn consumers about potential risks. An example of this includes the lawsuits filed against the makers of Oxycontin.
These cases may involve large-scale litigation, with survivors seeking damages for medical expenses, lost wages, and pain and suffering caused by adverse reactions to medications.
4. Defective Automobiles and Parts
Car accidents can have life-altering consequences, especially when they occur due to defective automobile components. Whether it’s tire failure, defective airbags, or improper wiring, defects in vehicle parts can result in catastrophic injuries or fatalities.
Product liability lawsuits in the automotive industry typically target manufacturers, suppliers, or distributors responsible for producing or installing defective components. These cases often hinge on proving that the defect directly caused the accident and resulting injuries, requiring thorough investigation and expert analysis.
>>> Related read: Learn more about Hurley McKenna & Mertz’s experience with defective cars and car parts here.
5. Toxic Exposure
Exposure to harmful substances in consumer products or the environment can have profound long-term health effects. Whether it’s asbestos in building materials, toxic chemicals in household products, or environmental pollution from industrial activities, toxic exposure cases can lead to debilitating illnesses such as cancer, respiratory disorders, or neurological damage.
Lawsuits in these instances may involve multiple defendants, including manufacturers, distributors, and regulatory agencies accused of negligence or misconduct in exposing consumers to hazardous substances.
6. Food Contamination
The food industry is not immune to product liability claims, especially in cases involving foodborne illnesses or contamination. Whether it’s a widespread outbreak of food poisoning linked to a particular brand or a single instance of foreign objects found in packaged food items, consumers have the right to hold food producers accountable for failing to ensure the safety and quality of their products.
These lawsuits often focus on breaches of food safety regulations, inadequate quality control measures, or misrepresentation of product ingredients or nutritional content.
Are You a Survivor of a Defective Product?
Product liability claims stemming from life-changing injuries or damages highlight the importance of holding manufacturers and distributors accountable for ensuring the safety and integrity of their products.
If you’re a survivor of a defective product, you may be eligible for compensation. Our team has years of experience fighting for survivors of product liability, and we would be honored to fight for you too. Fill out the form to get in touch with one of our experienced team members.
