Something happened – you may have used something properly and had it injure you or you took a pill and got sick or you ate some food and got gravely ill. What next?
You want a product liability lawyer. This is not to be confused with a product lawyer who acts as counsel for a certain company and acts as a bridge between the legal and business sides. Now to learn more about what they go after.
Think about things like car airbags, car ignition switches, and even earplugs. These are all supposed to be rigorously tested to make sure they are safe. There have been lawsuits alleging that the companies ignored bad testing results that wound up having consumers injured.
There are times when people take prescribed drugs or even over-the-counter (there is a big lawsuit against Zantac now) and have a side effect. This can be because of the drug manufacturer making a defective product and not warning physicians about it. The physician then prescribes the drug and the patient suffers as a result of this.
A drug manufacturer can claim that something is “unavoidably unsafe”, which means that there is danger no matter how they try to make it. These must come with warnings about any side effects, which may still outweigh whatever the patient is going through. That’s why you see commercials and ads where there is a long list of potential side effects that take up half the time of the ad – they are covering themselves from potential cases.
Food vendors are supposed to sell things that are safe for people to eat when they are stored and cooked properly. If someone gets food poisoning despite following all the correct procedures, then they may have a product liability case. The company that sold the food, like a supermarket, may be held liable.
There are variables here and they must prove that they did everything properly and still became ill. This also has to go beyond just being sick for several hours in one day and then feeling normal. The lawyer may go after a negligence ruling or even a breach of warranty.
There will be product liability lawyers on both sides, likely. One defending you and the other defending the company – this may be the company’s own lawyer. Your lawyer will be aiming to get you or your family members compensation for what happened. If they get you that, then they will consider their job done.