Many manufacturers knowingly produce and sell dangerous products to the public. Product liability law provides a way to hold those manufacturers accountable. If a defective product harmed you or a loved one when it was used as intended, you may be eligible to recover compensation for your injuries and other losses.
The experienced product liability lawyers of Davis, Saperstein & Salomon, P.C., can help if you suffered injuries or lost a loved one due to the use of a dangerous consumer product. Our record of helping individuals and families harmed by defective products goes to 1981. We have recovered more than $400 million on behalf of our clients.
Because of our skill, experience, and record, courts often appoint our lawyers to lead class action and mass tort litigation cases against manufacturers.
Product liability cases typically involve complex factual and legal issues. They require litigation against corporations with deep pockets and a strong incentive to fight claims.
Davis, Saperstein & Salomon, P.C., has the resources it takes to fully investigate a dangerous product case. We also have the courage and dedication to stand up to corporations and hold them fully accountable.
Currently, we are investigating defective consumer product claims that involve:
Types of Defective Consumer Product Claims
Product liability law allows Americans to hold manufacturers legally responsible for the injuries that their defective products cause when used as intended. The most common flaws in consumer products are:
- Defective designs
- Manufacturing flaws
- Inadequate warnings or instructions.
A defective product lawsuit against a manufacturer typically must establish:
- The consumer suffered a compensable injury.
- The consumer used the product as intended at the time of the injury, and it failed to perform as reasonably expected.
- A defect in the product caused the injury.
- The defect arose from the product’s design or the way it was manufactured.
- The manufacturer knew or should have known of the defect in the product and that it could cause injury.
- The manufacturer failed to remedy the defect or to warn users of the risk of injury if they used the product as intended.
In your product liability lawsuit investigation, a lawyer would gather and review witness statements and medical records that show the extent of your injuries. The lawyer would also document and calculate other losses such as your inability to work and the depth of your pain and suffering.
The lawyer may collect additional evidence from sources such as existing independent studies about the product and/or previous injuries linked to it and expert evaluations of the product. Government regulatory action such as a recall reported by the Consumer Product Safety Commission (CPSC) or the U.S. Food and Drug Administration (FDA) could also serve as evidence.
After filing a lawsuit in the proper court, the lawyer would seek records, reports, and statements from the manufacturer through a legal process known as “discovery.”
Numerous harmed consumers may file lawsuits in state or federal courts across the country. To handle a large volume of claims, a court may combine legal claims in one of two ways:
- Class action. A court may establish a class action after multiple plaintiffs bring similar factual or legal complaints against a defendant. The court will appoint one or more plaintiffs to stand as representatives of the class.
- Multidistrict litigation (MDL). The U.S. Judicial Panel on Multidistrict Litigation may centralize multiple lawsuits filed in different federal courts if the claims have common factual and legal issues. Centralization helps to streamline the pretrial process. The court and the parties may select “bellwether cases.” The outcomes of these cases can indicate the likely outcomes in other cases.
Many product liability cases end in a negotiated settlement. In fact, some corporations establish large funds in anticipation of a settlement after several lawsuits about a specific product are filed and go to trial.
Typically, a plaintiff can join an ongoing class action or MDL lawsuit or, within an allotted amount of time, the plaintiff may share in a settlement that has already been negotiated and approved by the court.
You must weigh the pros and cons of joining an ongoing claim, pursuing an individual claim or agreeing to accept a settlement. If you join an MDL or class action instead of pursuing an individual suit, it can cut your costs while allowing you to recover the compensation you are due.
As your attorneys, we will advise you according to your goals. We will also regularly update you about the status and progress of your case.
Compensation in a Defective Consumer Product Claim
In a product liability claim, Davis, Saperstein & Salomon, P.C., would seek maximum compensation for the harm you suffered.
A lawsuit makes a formal “demand” for compensation. The amount of compensation available depends on the facts of each case. We will document, calculate and demand that you be compensated for damages such as:
- Past and future medical expenses
- Lost income
- Diminished future earning capacity due to disability
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Funeral and burial expenses (compensation to surviving family members in a wrongful death).
Contact Our Experienced Product Liability Lawyers for Help Today
If you suffered an injury or lost a loved one because of a faulty or dangerous product, contact Davis, Saperstein & Salomon, P.C., for legal help. We will review your case for free and explain the legal rights and options available to you.
Since 1981, we have recovered more than $400 million for injured individuals and families. We have the experience and resources to develop a solid claim on your behalf. We will be determined to fight for the best possible outcome for you.
You will pay no fees unless and until we recover money for you. Call to get started today.