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Product Liability
All products are not perfect. Usually, the imperfections in the product are harmless and go unnoticed by the general public.
There are instances, however, when defective products can injure and/or kill. Some examples of unsafe, defective and dangerous products are: circular saws; lawn mowers; snow-blowers; baby swings, Firestone tires, cars and asbestos. Defective products are not limited to unsafe machinery. The pharmaceutical industry has marketed and sold many harmful and deadly medicines such as the diet pill Fen Phen, Vioxx, Celebrex and Ortho Evra just to name a few.
Often, the product is defective as a whole, and there is a nationwide recall by the manufacturer. You tend to hear about these products through the newspaper and television.
In other cases, the defect is not as clear cut or the entire product line isn’t harmful - just a specific model or type of the product is dangerous. In these situations, consumers are most vulnerable to harm because they are not aware of the risk or danger in the product until after the injury has occurred.
Product liability law exists to help victims who have sustained a personal injury as a result of a defective product. State and Federal laws exist to hold companies accountable for injuries caused by the company’s products.
Product defects generally fall into one of three categories: (1) a product is designed in such a way that makes the product inherently unsafe; (2) there is a defect or mistake in the manufacture of the product; or (3) the product manufacturer partakes in deceptive marketing tactics including: negligently designed warning labels; insufficient instruction manuals; inadequate safety warnings or failure to warn of a defect that the manufacturer learned about after the product has been distributed to the general public. As a plaintiff, you must prove one of these theories to prevail, as well as proving physical and/or economic injury.
Product Liability cases are extremely complex and costly. At HKPD we have the knowledge and resources to battle big manufacturers in Court and win. Our lawyers work with world-renown experts and engineers to formulate winning strategies and are tireless in assembling the tools needed to prevail.
Our firm is available to pursue products liability claims on both an individual or a class action basis. We are experienced in investigating and pursuing these claims from negotiation through trial.
If you or a loved one has been harmed or killed by a defective product, then you need legal counsel with knowledge and experience in dealing with the complexity these claims entail
Please feel free to contact HKPD for an initial consultation at no cost to you. An experienced HKPD personal injury lawyer is available to assist you, 24 hours per day / 7 days per week.
For more information:
U.S. Consumer Product Safety Commission
www.cpsc.gov
U.S. Food and Drug Administration
www.fda.gov