Practice areas
Defective & Dangerous Products
When a consumer is injured by the proper use of a product, the manufacturer might be negligent and can be sued for negligence or strict liability. “Strict liability”is a term used to describe a situation in which a person can be held liable for damages caused to another person even without intent or fault. A strict liability claim does not have to prove that the manufacturer did not act reasonably in manufacturing the product or that they intended to harm someone with their product. A plaintiff must only prove that the product was defective, that he/she was using the product in a manner consistent with the way it was intended for use, and that the product was not substantially changed since it left the manufacturer or reseller, in order for the defendant to be liable to pay damages.
A product is anything that is sold— a hair dryer, toaster, baby chair or toy- except services and real estate. Machinery used in industry, in the office, or in the home is often the cause of injury and product liability litigation. The same is true of food products and drug products sold over-the-counter or by prescription. Manufacturers and sellers of defective products, or products whose labels or instructions fail to warn you of the likely hazards of improper use, may be responsible for any injury caused by these products.
If you or someone you know has been injured by a defective product, please contact us for a consultation so we can help you get the help you need.
PRESCRIPTION DRUGS
Each year hundreds of new drugs enter the marketplace. Prescription and over-the counter (OTC) medications are meant to enhance health and bring relief from ailments. But sometimes a drug that is intended to help instead causes injury. This occurs as a result of false and misleading claims by pharmaceutical companies. Prescription drugs are regulated by the FDA, but new regulations have shortened the testing periods from years ago, if the new drug will benefit the public interest. These testing periods may not be long enough to consider risks of long term side effects or the drugs interactions with other medications. Drug manufacturers, pharmacists and doctors have a responsibility to ensure that these drugs do not cause harm. Some drugs have dangerous side effects. These side effects can go underreported and most likely do not reach the FDA before the drug is out on the market place.
Prescription drug manufacturers can be held strictly liable for selling products in a defective or unreasonably dangerous condition, even if they have exercised care in the preparation and sale of their product. These drugs may be dangerous or defective in many ways. The following are some of the most common ways:
- Manufacturer failed to warn consumers of potential injury risks associated with the product.
- The product may have been improperly designed, an incorrect mix of chemicals and their doses.
- The drug may have been improperly manufactured, departing from its intended design even though it was properly marketed to
If you believe you are suffering from a health problem resulting from an unsafe prescription drug, contact us for a free consultation. We can help you explore your new health concerns and how they are related to your prescription medication.
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