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Injury from ProductsDefective Products and Product Liability Cases
Defective products cause more than 29.5 million injuries and close to 22,000 deaths in the United States each year, according to the U.S. Consumer Product Safety Commission (CPSC). If you are one of these victims, read on to find out how product liability attorney and/or filing a product liability lawsuit can help you win the compensation to which you are rightfully entitled.
What Products Qualify as Defective
Any manufactured product can be defective, whether it is a car tire, a dental implant, a child’s toy, a ladder, a food product, or a power tool. This doesn’t mean, however, that all accidents associated with the product are grounds for personal injury lawsuits. For example, if you cut yourself with a power saw while using it properly, you do not have case. However, if the saw blade broke while you were using it – resulting in a nasty cut – you would then be eligible to pursue legal action, namely a product liability lawsuit. If any product is found to be unreasonably dangerous, government agencies work with the manufacturer to institute either a voluntary or mandatory recall. Products are evaluated by the following agencies:
If you have any questions as to whether a defective product is indeed to blame for your injury, contact a personal injury attorney who specializes in product liability in Oklahoma today. An Oklahoma product liability attorney can help you review the facts of your case, complete the necessary paperwork, understand relevant laws, and ultimately, receive the damage award you deserve. What Makes a Product Defective
Unfortunately, there are a number of reasons that defective products may their way on to our shelves. These include: Design defects
Design defects, such as placing a car’s fuel tank too close to the rear fender leading to unnecessary fiery crashes, cause million of injuries annually. These occur before the product is created, in the initial planning phase. Oftentimes, manufacturers catch these after products have been distributed for sale that results in a recall. The problem with recalls, however, is that 1) they often occur too late and 2) for whatever reason, product owners may never hear of the recall. Moreover, cost analysis may result in a manufacturer to choose to not recall at all feeling that the cost of litigation is cheaper than the cost of recall. If you have been injured as a result of a design defect, contact a product liability attorney in your area today. Defective Manufacturing
These flaws take place during the actual production phase, and they may only affect a few items out of many properly working, safe products. One example of a manufacturing defect is a improperly manufactured vehicle tire that, when not manufactured with care, causes the tread to disengage from the tire leading to roll-over accidents. Like products with design defects, products with manufacturing defects are frequently recalled in many cases. If you have been injured as a result of a design defect, contact a product liability attorney in your area today. Inadequate Testing
Defects in this area arise from improper or inadequate safety testing. These problems occur when manufacturers are not keeping up with government mandated or state of the art testing norms. However, even when these norms or requirements are followed, legally they may not be enough. There exists legal precedent that merely doing the minimum when it comes to testing may not be enough if the information exists that more stringent testing is appropriate. You may have heard of cases in this area when a drug was not adequately tested during its trials, etc. Just because the FDA approves a drug, the drug manufacturer is not “off the hook” in all cases. Other examples include silicone breast implants (long-term effects were not yet known at the time of FDA-approval), faulty electrical wiring, and inefficient child restraint systems. If you have been injured as a result of inadequate product testing, contact a product liability attorney in your area today. Marketing Misrepresentation
This can include everything from confusing, hard-to-follow instructions to incomplete warning labels, such as those on prescription drugs. Warning labels must be easily read and understood. Often this is not done resulting in unnecessary injury. If You Have Been Injured by a Defective Product…
Those who file personal injury lawsuits may receive compensation for medical costs, lost wages, property damages, pain and suffering, and other expenses. If you believe you have been a victim of a defective product, you may want to consider contacting an Oklahoman personal injury attorney for more information. If you or a loved one have been injured by a defective product, please call us at (405) 255-2380 or click here to fill out the form for immediate attention to your case.
The Law Offices of Marty D. Martin
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