Product liability law provides compensation to consumers and bystanders injured by a dangerous or defective product. If a product is defective and causes an injury or death, the manufacturer(s) can be sued for damages. The injured person can prove a product was defective in several ways. A product might have a manufacturing defect, such as a bad weld that causes failure, or it might be defective because of a poor, unsafe design
Some examples of defective products which have caused injury are: breast implants, Fen-Phen (Redux), the Dalkon shield (I.U.D.), Chevrolet trucks (fuel systems), Ford automobiles (exploding fuel tank), airbags (children injured or killed), and many kinds of farm machinery. Damages that may be recovered include: medical expenses, lost wages, pain, suffering, loss of enjoyment of life, disfigurement and permanent disability. An uninjured spouse can recover for loss of services, companionship and consortium.
A sample of products that have been found defective and unreasonably dangerous include: drain cleaners, hay balers (round), fire detectors, gas hot water heaters, automobiles (seat belts, transmissions, airbags, roll-over crashes, etc.), airplanes (engines, wings, etc.), manure spreaders, tractors, grain augers, gas heaters, flammable fabrics, kerosene heaters, three- and four-wheel ATVs, punch presses, elevators, drugs, trucks, and many, many other products.
The deadline for most dangerous product (product liability) claims is approximately two (2) years from the date of the injury caused by the product. It should be noted, however, that there are exceptions to this rule- for example, claims against the City and County and various Counties must be filed with the appropriate agency within six (6) months of the date of the accident. There are also some other exceptions which may provide some additional time in certain cases, since some dangerous products may cause injuries which do not appear for years after exposure to the product and other dangerous products may cause injuries which are not connected to the product by medical science for years after the exposure. Generally the date of the injury is not deemed to have occurred until (1) exposure to the product, (2) injury from the product and (3) reason to know of the connection between the exposure and the injury- have all occurred. In some cases where a manufacturer has deliberately misled the public as to the safety of its product, the deadline for filing the product liability - defective product claim may be longer still. You must file your claims in court prior to the expiration of such deadlines, or your claims may be lostóregardless of their merit. To be wise it is recommended that you contact a product liability attorney or defective product lawyer immediately after an accident involving a product that gives rise to injuries occurs. If you have suffered a serious injury and believe that the injury resulted from a defective product, call us and let us provide you with a free consultation. We can usually tell from an initial interview if your claim is worth pursuing.
We can assist you with every aspect of your case, including the selection of competent, experienced, trial attorneys to help us when and if necessary.
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