Product Liability Lawyers
If you have been injured due to a defect in a product or because clear hazard warnings were not given, a product liability lawyer at Edelman, Krasin & Jaye will determine if you have a valid claim for compensation. As personal injury attorneys, we are well-versed in legislation that serves to protect American consumers from faulty products and items with insufficient warning labels or instructions.
All too often, tragic consequences arise from hazardous defects found in automobiles, medical devices, prescription medicines, and something as harmless as an infant’s plastic toy. Some product defects stem from substandard manufacturing or design flaws, while other injuries may result from a failure to warn about product risks or inappropriate use.
Both manufacturers and distributors have a responsibility to ensure the safety of their products – and to adequately warn consumers of any dangers associated with their use. If either the manufacturer or distributor fails to meet reasonable standards of safety for their product, they may be held liable for any injury that was caused by their negligence or from defects in the product itself.
Product liability lawyers at Edelman, Krasin & Jaye
In the event that you or someone you love has been harmed by a defective product, or a lack of warning regarding risks, you may be entitled to damages in a court of law. When you file a product liability lawsuit, the designer, manufacturer, distributer and/or retailer may be held accountable for any physical injury their product caused.
Since 1952, Edelman, Krasin & Jaye has served clients nationwide, providing them with the professional and caring legal representation they deserve. Our product liability attorneys advocate for the rights of those who have needlessly suffered injury from unsafe products, whether in the home or in the workplace.
Our firm handles a wide range of products liability claims, including:
- Airbag injuries
- Recalled products
- Motor vehicle defects
- Defective airplanes, boats and motorcycles
- Dangerous pharmaceuticals
- Child safety seats
- Faulty medical devices
- Defective household products
- Industrial equipment defects
Injuries caused by design or manufacture defects
Under federal law, there are two basic types of product defects that may provide the basis for filing a lawsuit. In order to secure compensation in a products liability claim, you and your attorney must demonstrate that the product was defective and resulted in your injury.
- Manufacturing defects may result from poor materials or blatant errors in the product’s assembly, and based on the theory of strict liability, a manufacturer is legally responsible for any defects that result from faulty production. Examples of manufacturing defects can include packaging defects in baby food that cause it to spoil rapidly; a broken chain on a child’s swing-set, or a vehicle missing its brake pads.
- A design defect doesn’t arise from mistakes in the manufacturing process, but involves a flaw within the product’s original design that ultimately poses safety hazards for consumers. This type of defect generally affects the entire product line, regardless of whether the item was made to the manufacturer’s specifications. Recent examples include certain Toyota and Lexus vehicles made with defective floor mats which caused the accelerators to become stuck. More than 11 million of these cars have been recalled since 2009, and this past year, Toyota agreed to pay $1.6 billion to settle a class action suit over this hazardous defect.
Insufficient labeling: a failure to warn
Each year, serious injuries and infant deaths could be prevented if manufacturers adequately warned about their product’s potential risks. If you are harmed by an item that came with insufficient warnings or usage instructions, various parties along the chain of distribution may be held responsible.
According to the American National Standards Institute (ANSI), all product labels should:
- Alert consumer of any existing risks
- Warn of the severity of the risk involved with the product
- Caution about the effects of the hazard
- Inform the consumer on how to avoid the hazard
These warnings may be categorized by severity of risk by color-coding, with red indicating an imminent hazard that can cause serious injury or death, orange meaning a potentially hazardous circumstance, and yellow a possible danger that can result in moderate injury.
When evaluating your claim, one of our attorneys will factor in the following questions to establish whether the product warning label was adequate:
- Was the product being used in the manner for which it was intended?
- Was the warning highly visible and easy to understand?
- How serious was your injury?
- What knowledge level could the manufacturer presume the user had?
- How much did the label depend on the experience of the consumer?
Types of products liability lawsuits
Choking deaths among babies, electrical burns, food poisoning, heart attacks, broken bones and herniated discs are just some of the injuries caused by defective products in the U.S. While multiple federal agencies, including the FDA and Consumer Product Safety Commission, are charged with creating regulations and enforcing safety legislation, dangerous products enter the marketplace every year.
A product liability lawsuit may be brought on the following causes of action:
- Negligence: the failure to exercise proper care. A manufacturer can be sued under this theory if there was negligence in the design, production or assembly of a product that caused injury. This may entail inadequate pre-market testing, improper employee performance, or carelessness at some point in the product development.
- Strict liability: most claims are filed under this theory, which extends the liability of the vendor or manufacturer to all individuals who might be injured by the product. An injured party must prove that the item was defective, and that defect was the direct cause of their injury. Products that are bought second-hand do not qualify for strict liability claims.
- Breach of warranty (express and implied): the failure of a manufacturer to fulfill a claim or representation regarding the quality, safety or type of product. An implied warranty ensures that the product, when used as directed, will not cause any injury.
Compensation awarded in products liability claims
With the guidance and legal expertise of a products liability attorney, victims of defective products are able to secure damages that will help cover:
- Past, present and future medical expenses
- Lost income
- Emotional distress
- Pain and suffering
- Lost earning capacity
Edelman, Krasin & Jaye have obtained substantial recoveries on behalf of clients who were harmed by dangerous pharmaceuticals, automobile defects and other products that pose life-threatening risks to the general public.
Protect your legal rights
Whether you were harmed by a prescription drug that has since been recalled, a faulty seatbelt or any other defect in design or manufacture, Edelman, Krasin & Jaye will help you recover fair compensation for your injuries and financial losses. Our firm is committed to demanding full accountability from the manufacturers of unsafe products.
To discuss the potential merit of your claim with one of our attorneys, please call us toll-free at 800-469-7429.
- Cornell Law, Products Liability http://www.law.cornell.edu/wex/products_liability
- FDA, Recalls, Market Withdrawals, & Safety Alerts http://www.fda.gov/safety/recalls/
- NY Times, Toyota Seeks a Settlement for Sudden Acceleration Cases http://www.nytimes.com/2013/12/14/business/toyota-seeks-settlement-for-lawsuits.html?ref=liabilityforproducts&_r=0
- Forbes, Packaging Defect Leads Merck To Recall All Lots of Liptruzet In US http://www.forbes.com/sites/larryhusten/2014/01/14/packaging-defect-leads-merck-to-recall-all-lots-of-liptruzet-in-us/
- ABC 7, Baby food products recalled due to manufacturing defect http://abclocal.go.com/kabc/story?id=9320610