Products liability cases are brought against manufacturers and distributors whose defective products cause injuries to individuals who were using the product as well as remote individuals and bystanders who were not actually using the product but were injured by the product while it was being used. Pursuant to the Doctrine of Strict Liability, these defendants can be held liable, without proof of negligence.
The attorneys at the law firm of Sanocki Newman & Turret, LLP have been successfully litigating products liability cases for over 35 years, and have achieved top dollar awards for our clients, including:
- $3,000,000 to a driver of an oil truck who sustained fatal burn injuries in a vehicular accident due to the manufacturer’s defect in its design of its product.
- $3,000,000 to a child who suffered disfiguring burn injuries upon being scalded when a glass kettle containing hot water suddenly cracked. Our expert determined that it was not manufactured with heat resistant glass, which caused it to break.
- $700,000 to a man in his thirties who sustained second and third degree burns to his right legs with consequential scarring and cosmetic deformity caused by the combustion of a lithium ion battery in his pants pocket used to power an e-cigarette.
When we are retained, we vigilantly scrutinize facts and information as to the nature of the product involved, the nature of the injury, how it was sustained, and in what location or environment it occurred, whether at home, in the workplace, or in a public place. Even the most minute details require thorough consideration and investigation, since the facts and evidence bears directly upon successful theories of liability. After the incident, immediate steps should be taken to safeguard and/or preserve the integrity of the subject product so the client’s claim is not compromised. If there is concern about the potential loss or destruction of key evidence, it is critical to obtain access to the offending product to obtain photos, as well as an examination, inspection and non-destructive testing by an expert. Often, when the client is not in possession of the product, and/or unaware of the potential defendants, a pre-action proceeding is commenced to preserve evidence and obtain a pre-action testimony from a knowledgeable person party who can identify who is responsible for the product causing injury.
A claim in strict products liability includes several theories of liability under which a manufacturer or distributor can be held liable to any person injured or damaged if the defect is a substantial factor in producing the injury. A product is considered defective if it was (1) improperly or poorly designed; (2) if there was a mistake in the manufacturing process; (3) if the manufacturer or distributor placed the product into the marketplace without adequate warnings.
DESIGN DEFECT
A defectively designed product is one that is unreasonably dangerous for its intended use at the time it leaves the seller’s hands A manufacturer is liable regardless of its actual knowledge of the condition of the product because the manufacturer is in the superior position to discover any design defect and correct it or alter the design before making the product available to the public.
DEFECT IN THE MANUFACTURING PROCESS
A supplier of a product who is aware, or reasonably should be aware, that the product is dangerous, when put to a foreseeable use, must exercise reasonable care to inform the user of facts which render the product dangerous. Inadequate warnings or failure to warn renders a product defective. The manufacturer’s duty is not only to warn, but also to warn adequately.
Sanocki Newman & Turret has the experience, expertise and demonstrated ability to handle products liability cases, including but not limited to:
- Potentially dangerous instrumentalities, such as vehicles, power tools, heavy machinery, and garden equipment;
- Common items that are, or were, expected to be harmless, such as e-cigarettes and chargers, hair dryers, glass tea kettles, kitchen equipment and appliances, household items such as furniture and toys;
- Prescription drugs, pharmaceuticals, medical devices, such as pace makers and defibrillators.
If you believe you have been the victim of an accident related to a product you may be entitled to monetary compensation for physical and emotional pain and suffering and economic losses.