Product liability refers to litigation that seeks to determine whether a product contained a defect when it left the hands of its manufacturer, and whether that defect caused someone to suffer a personal injury. The term “defect” is a legal term that has a special significance in the product liability context. It generally means that there was something in the manufacturing process, the design process or in the warnings accompanying a product that rendered the product unsafe, or not reasonably fit or suitable for its intended purpose.
A defective product can literally be anything. They range from automobiles to medical devices; from children’s toys to household items; from pharmaceutical drugs to cleaning products. Any defective product, which is capable of producing injury or harm, may be compensable under the law. Each year, hundreds of thousands of people suffer serious and debilitating – and in some cases, life threatening – injuries as a result of defective products.
Generally speaking, viable legal theories based on product liability depend heavily upon state law, but typically include traditional theories of negligence and/or strict liability, breach of express and implied warranties, and occasionally fraud.
As one might expect, the potential defendants in a product liability claim typically include the manufacturer and distributor of the product, but may also extend to other “downstream” defendants, such as rebuilders, reconditioners, sellers of component parts and others. Product manufacturers have a legal responsibility to the consumers of their products to carefully produce and distribute products that are safe. When injuries have been suffered due to a consumer’s normal use or consumption of the product, a product liability lawsuit may be brought that calls into question the measures taken by the product manufacturer to ensure that a safe product was produced.
It matters not whether the defect is obvious or latent; it must be addressed by the manufacturer in order to preserve the safety of all foreseeable consumers. In fact, even in the event that product leaves the hands of the manufacturer, and the manufacturer learns of the defect long after the product has been distributed, the manufacturer is still responsible for addressing the defect.
Product liability cases are extremely difficult and require a great deal of experience and sophistication to properly evaluate the merits of a potential claim. Our founder, Todd Drayton has represented countless thousands of individuals who have been seriously injured by defective products across the nation.
He has extensive experience dating going back two decades representing the victims of product liability and obtaining landmark recoveries for his clients. At the Law Office of Todd Drayton, you will find that our years of experience and understanding of the important issues and critical nuances in product liability law is what distinguishes us from other firms.
If you or someone you know has been injured by a potentially defective product, do not hesitate! Contact us immediately. Our firm is wholly dedicated to helping those who have been injured through the defect products of others. With zeal, experience, commitment and a long tradition of excellence in providing top notch legal representation for the injured, the Law Office of Todd Drayton will fight to secure a just resolution on your behalf.
