If we can demonstrate that a product was defective in its design, manufacture, or marketing, then we can hold the party or parties responsible for the defect liable for any injuries sustained by you or a member of your family as a result. In product liability cases, the doctrine of strict liability applies, meaning that proof of negligence is inherent in the design, manufacturing, or marketing flaw itself. Any and all parties involved in the creation, fabrication, distribution, or resale of the product may be held accountable for resulting injuries, depending on the nature of the defect.
Gerald: Products liability claims arise from injuries or deaths that are
caused by defective, dangerous, or unsafe products. There are many claims
involving tire blowouts, automobile crash-worthiness, defective
manufacturing, and heavy equipment, biomedical, medical products,
pacemakers, neural stimulators.
We sometimes see products liability claims that are buried within a medical
malpractice claim, and sometimes we interview someone that thinks they have
a medical malpractice claim, and it's really a products liability claim.
So, when we're retained by a client, we're cognizant of that, we're aware
of that, and we make sure that whatever claims there may be that they're
But you also have what's known as strict liability. What strict liability
means is that of a product manufacturer, distributor, or seller of a
dangerous or defective product. If you can prove the product is defective
when it goes into commerce, the manufacturer can be held strictly liable.
Which means, they are responsible for that product. You don't have to prove
they were negligent. You merely have to prove that the product was
defective when it entered the marketplace. What we do here, we know how to
approach that industry, and where their soft spots are, and how we can take
advantage of our expertise to get the maximum outcome for a client.