Can you sue for a defective product?Defective product lawsuits arise from personal injury claims. If someone sells you a defective product, like a handbag manufacturer, or a waist trainer manufacturer, and you return it with no harm done, you don’t have a defective product lawsuit. A personal injury accident may be a car accident, a commercial truck accident, a workplace injury, medical malpractice, or a wrongful death claim. If a defective product caused your accidental injuries or contributed to your accidental injuries, your have a product liability lawsuit against the employer of the commercial carrier who struck your car, against the surgeon who replaced your hip with a defective hip joint, or against the manufacturer of defective airbags if your wife was killed by metal expelled through an airbag that was designed to protect her face from injury.
It may be difficult to prove that a defective product caused your medical condition. You may be able to prove that a product was defective, but you won’t recover damages unless you can prove you were physically injured and financially damaged by their product. Defective product litigation can be defective based on:
• Manufacturer’s defect
• Design flaw
• Packaging defects:
o Inadequate instructions
o Inadequate warnings of complications
A medical malpractice lawsuit can be brought against your doctor, or surgeon, and the medical facility where the procedure was performed if the treatment you received was substandard. A medical malpractice lawsuit may be due to the use of a defective product, adverse effects of drugs or medical procedures, negligence, or intentional wrongdoing. Malpractice lawsuits involving the side effects of pharmaceuticals or defective products, such as surgical mesh, may be class action for a large group of people who suffered the same adverse effects.
Pharmaceuticals, constantly reviewed by the Food and Drug Administration (FDA), are sometimes recalled for packaging errors. A defective product recall may be to err on the safe side rather than to protect the public from products which are definitely defective. When it is determined that drug interactions cause adverse reactions in some patients, the FDA requires the manufacturer to warn patients of possible complications. Failure to warn patients of a product’s inherent risks justifies a product liability lawsuit against the manufacturer.
Recalled Automotive Airbags
When a few airbags expel fractured metal into an airbag, all the airbags are recalled for potential defects. Almost all of the airbags function correctly and save lives, therefore, the fact that a product is on a recall list is not justification for a product liability lawsuit. Only a small fraction of drivers ever use their airbags. When the manufacturer refuses to heed the warnings of a regulatory authority and continues to endanger consumers, a class action lawsuit can be brought for all consumers with the same defective product.
Class Action Litigation
Class action lawsuits for all members of a group of plaintiffs who were injured or damaged by the same defective product. In a medical malpractice class action lawsuit, all surgical patients suffering injuries from the same defective lot of hernia mesh are best served by the large law firms with the resources to fight the multimillion dollar manufacturing firms. To participate or join an existing class action lawsuit, you must be a certified member of the group of plaintiffs. The class of plaintiffs have the same or similar complaints about the same product. You can file a lawsuit on your own behalf and not join the group if you suffered excessive damages. Most of the plaintiffs in the defective airbag case are entitled to a few hundred dollars simply because they own or owned a vehicle with the defective airbags that the manufacturer refused to recall.