General Products Liability
“General” Products Liability cases are those in which a consumer or a user of a product suffers serious injury or death because of defects in a product’s design or because the product failed from some mechanical or manufacturing problem.
A lot of times the product involved in such cases is an automobile or an automotive component, which is why we have a separate link for information specifically related to automotive products liability cases. On other occasions, however, the product involved may be a pharmaceutical product like Vioxx, Bextra or Celebrex, a chemical product such as a paint stripper or cleaner, a household product like a space heater or propane tank, a power tool like a miter saw or nail gun, an industrial machine used in a factory like an engine or a cutting apparatus, or even a recreational product like a paint ball gun or sports equipment. Such products liability cases can arise from incidents at your home, in your workplace, or elsewhere you are using the product. If an incident happened at your workplace, you may already have a workers’ compensation claim, but if you believe a product failure or defect was the real cause of your injuries, it may still be worth investigating a third party claim related to the product.
If you have been involved in an incident where you believe that a consumer product caused serious injuries or caused a loved one to die, you may well have a products liability case. If you think you may have a products liability case, even if you are not sure and just want to investigate the possibility, two things are very important to remember: First, take all possible steps you can to ensure that the product involved (and all components of the product or items used with the product) are maintained and are not moved, sold, dismantled, salvaged or otherwise lost or altered until you have a chance to retain a lawyer to investigate potential claims and have someone inspect the product. Second, if you think you may have a potential product liability claim, contact a lawyer before any of your claims related to the incident are settled, as settlements with other parties or insurers could impact your ability to preserve evidence and/or pursue and recover under a products liability theory.
With those basics in mind, understand that Products Liability cases can generally take one or more of three forms:
- "design defect" cases, which involve claims that a product was designed by the manufacturer in a way that creates dangers and risks of harm to the user that outweigh the benefits of the chosen design.
- "manufacturing defect" cases, in which some act or omission during the manufacturing process caused the product to fail when being used.
- "warning defect" cases, in which it is alleged that a product is dangerous because it does not contain warnings, instructions or labels that apprise the user in regard to the dangers or proper uses of the product.
Lawyers at Conley Griggs Partin LLP have handled and are currently handling or considering design, manufacturing and warning defects involving consumer products. Examples of the types of general products liability cases they have handled or are currently handling include:
- Cases involving brain injuries or nervous system damage caused by inhalation or ingestion of consumer products such as paint strippers or cleaners containing hazardous chemicals or which are equipped with inadequate warnings or instructions;
- Cases involving pulmonary, cardiac or other organ-system failures or deaths caused by the ingestion of a pharmaceutical product like Vioxx, Bextra or Celebrex;
- Cases involving severe injuries or deaths caused by electrical currents from machinery that was not properly designed or labeled;
- Cases involving amputations or lost limbs caused by poorly designed saws, drills or other power tools or unguarded cutting machinery;
- Cases involving serious head or eye injuries from inadvertent discharge of nail guns, pneumatic drillers, paint guns, or similar products;
- Cases involving serious burns or other injuries caused by explosions or fires from heaters, propane tanks or similar products containing flammable components.
If you or a loved one is in need of legal assistance, call Conley Griggs Partin LLP at (404) 467-1155. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.