What is Product Liability?

Product liability refers to the potential legal liability of a manufacturer, wholesaler or retailer that makes, markets or sells a defective product. A product liability case is handled by our experienced attorneys, who seek justice and maximum compensation on behalf of the injured.

Literally any kind of consumer good could ultimately become the subject of a product liability suit. In the past, claims have involved:

  • Tires
  • Airbags
  • Vehicles
  • Children’s toys
  • Medical devices
  • Pharmaceuticals
  • Appliances
  • Tools

Getting injured while using a certain product is not on its own enough to prove a product liability claim. These cases must show:

  • The product was available for purchase
  • The manufacturer had an obligation to meet the ordinary expectations of average consumers
  • The product has a design or manufacturing defect
  • That defect caused the product to be unreasonably dangerous
  • It is predictable and reasonable that a consumer could be injured because of the defect
  • The consumer in the case was injured
  • The injury is a direct result of the defect
  • The injury caused the victim to suffer damages

Liability may ultimately lie with any party along the chain of distribution: manufacturers, but also designers, distributors, wholesalers and retailers. A design defect means there is something defective about the way the product was created. Therefore, the defect will be present in any and all products created, not just in certain lots. A manufacturing defect arises after the product has been designed, while it is being made. It may arise when a product is being assembled at a factory. The design was sound, but a mistake or negligence causes a problem during manufacture.

As you can see, it takes an experienced legal mind to sort out the ultimate cause of, and liability for, your injury. Our attorneys will work tirelessly to determine who is accountable for the harm and damages you have suffered. We will not rest until we have obtained the best possible results.

The only way to know for sure if you have a case is to consult an experienced attorney. To arrange a consultation at McPhillips Fitzgerald & Cullum LLP, please contact us. Our law firm has offices in New York and in Florida.


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