Have You Been Injured by a Dangerous Product?

If you’re injured by a product that was supposed to be safe, you need an experienced and dedicated legal team on your side. As a Memphis product liability attorney, I’ve helped hundreds of people get the compensation they need and deserve.

Most of the time our products work as they’re intended. But occasionally we all purchase a product that has some sort of manufacturing or design flaw. Even then, not all of those products cause serious injuries after using them. But unfortunately, some of them do.

Product liability can include a wide variety of products, like:

  • medical devices
  • automobiles
  • appliances
  • pharmaceuticals
  • toys
  • and much more

These malfunctions can also happen in a variety of ways. A product might break, explode, or catch fire. There may be an issue with the design or an error made during assembly. Sometimes the companies know they’ve created a dangerous product and don’t take steps to protect consumers.

Whatever the issue, a defective product poses a hazard to all of us. 

Product Liability: Who Should Pay?

If you’re injured by a defective product, you might face some incredible losses, including:

  • massive medical bills
  • lost wages
  • physical therapy costs
  • pain and suffering
  • and more

The question becomes, who should pay for all of those damages?

Manufacturers are responsible for ensuring their products are safe. If they knew about the defect or should have known, they hold the responsibility. It’s unacceptable to cut costs or increase profits by creating a dangerous product and putting the public at risk.

But what happens when the manufacturer claims they aren’t responsible or refuses to pay? And how do you take on such massive companies when you’re just one person?

That’s where we come in. We represent people who’ve been injured by someone else’s neglect or wrongdoing – including through product liability – and we don’t get paid a penny unless we win.

Darrell Castle downtown Memphis attorneyA Skilled and Trusted Attorney for Your Product Liability Case

Our Memphis product liability attorneys have spent years going up against massive corporations, and we’re known for getting results. We fight for you and communicate every step of the way. 

That’s how we’ve won multiple Martindale-Hubbell Awards for clients satisfaction, along with our 5-star rating on Avvo and an A+ from the Better Business Bureau.

If you or someone you love has been injured by a defective product, our attorneys can help. We’ll investigate your case and walk you through all of your options.

To discuss your situation for free with our Memphis product liability attorneys, contact us online or call us today at (901) 327-2100.

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Memphis Product Liability Attorney FAQs

If you’ve been injured or fallen ill due to a faulty product or manufacturer’s negligence, you probably have a lot of questions. You might be wondering about your rights and whether you can get compensation.

Our Memphis product liability attorneys are here to answer your questions any time. But to help you get started, here are some of the most commonly asked questions we receive about product liability.

What is a product liability lawsuit?

A product liability lawsuit is a legal claim brought against a manufacturer, distributor, or seller of a product that has caused harm or injury to a consumer. This harm can be due to defects, negligence, or inadequate warnings.

In these lawsuits, victims of the defective product typically seek damages to cover their medical expenses and other losses that happen as a result of the injury.

What types of defects can lead to a product liability claim?

From the initial design to the instruction manual, if any part of a product is unsafe, it can lead to devastating consequences for the person who uses it. Some common product defects are:

Design Defects

A design issue can render a product dangerous or make it more likely to cause harm. And depending on the type of product, the risk of harm could be worse than with other products. For example, a lawnmower that was designed with the wrong kind of wire could suddenly catch fire and burn the person using it. This is a much more dangerous design defect than, say, a faulty garden trowel.

Manufacturing Defects

A manufacturing defect is when the defect occurred while a product was being assembled. These are unintentional features of the final product – for example, a crack or missing part. We see this a lot in our car and truck accident lawsuits: a car was manufactured with faulty brakes, or trucks come with missing parts in the cab.

Incomplete Instructions

When a product doesn’t come with sufficient and detailed instructions, the consumer can suffer an injury. They may not have the information necessary to use the product safely. For example, a heated blanket that needs to be plugged in a certain way to avoid fire should come with instructions telling you exactly what to do.

Lack of Warning Labels

The law requires products have legible warning labels to tell consumers about any hazards. The warning must be easy for the consumer to read and understand. This comes up a lot in dangerous drug cases, where the pharmaceutical company doesn’t warn patients of potential serious side effects.

Who can be held liable in a product liability lawsuit?

Liability just refers to the person or group responsible for the injury. Depending on your case, liability can extend to manufacturers, distributors, retailers, and even suppliers involved in the product’s production chain. It all depends on the product that injured you and how it caused your injury in the first place.

What do I need to prove in a product liability lawsuit?

To succeed in a product liability claim, your lawyer generally needs to prove:

  • the product had a defect
  • the defect caused your injury, and
  • you were using the product as intended or in a reasonable manner.

Our attorneys discuss this with you at your initial consultation. Because we don’t get paid unless we win, you can feel confident that we see the potential in your case if we choose to work with you. And on the other hand, you should feel confident in your attorney that they can prove these facts before you sign with them.

What damages can I seek in a product liability lawsuit?

Damages in a product liability lawsuit can include medical expenses, lost wages, pain and suffering, and property damage resulting from the defective product.

In some cases that go to trial, the manufacturer may have committed such a dangerous and avoidable error that the courts also award punitive damages.

Is there a time limit for filing a product liability lawsuit?

Yes, product liability lawsuits have statutes of limitations (aka time limits) that vary by jurisdiction. But in the case of product liability, the statute of limitations isn’t always clear.

That’s why it’s important to find an attorney you trust who’s local to your area. You should speak with them as quickly as possible to avoid missing out on important timelines. Every day, our Memphis product liability attorneys help people with statute of limitations questions. We’re happy to help you, too.

Do I need evidence to support my product liability claim?

Yes, strong evidence is essential. This can include photographs of the product, medical records, expert testimonies, purchase receipts, and documentation of your injury or damages.

Fortunately, you aren’t responsible for all of that on your own. An experienced product liability attorney will help you gather all the information you need and even investigate your case on your behalf.

Can I file a class-action lawsuit for a defective product?

Yes, if multiple consumers have been harmed by the same defective product, you can pursue a class-action lawsuit. These types of lawsuits consolidate similar claims into one case. This can make the legal process more efficient.

However, a lot of people are wary of class action lawsuits, and sometimes for good reason. Depending on your situation, a class action lawsuit may not be the best option. If you have a case that you can pursue as an individual on your own, you may be able to get a higher compensation. It all depends on your situation and goals. Our attorneys can help you figure out your best path forward.

Can I still file a claim if the product had a warning label?

Yes, manufacturers can still be held liable if the warnings were inadequate or failed to properly convey the potential risks. This happens all the time in the case of dangerous pharmaceutical drugs. They might come with a warning label, but not list every potential side effect or make clear the risks of taking the medication over time. We’ve handled hundreds of cases like this and are happy to talk with you about it.

Should I hire an attorney for a product liability lawsuit?

Absolutely. Product liability cases involve complex legal and technical work. An experienced attorney assesses your case, gathers evidence, negotiates on your behalf, and advocates for your rights to ensure you receive fair compensation.

You’ll be hard-pressed to find anyone who recommends representing yourself in any kind of personal injury case. And this is especially true for product liability. You’re sometimes going up against the biggest companies in the world. To have a fair chance, you need to make sure you hire an experienced, qualified attorney with a track record of success.

To get started, contact us today. We look forward to talking with you.

 

 


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