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PRODUCT LIABILITY

Many people are injured by products of all kinds.  Workers have their hands pulled into industrial machinery of all kinds.   Frequently these machines have inadequate guards or warnings.  Many people are injured by mass-produced prescription or over-the- counter drugs.  Others are injured by Salmonella, E-Coli, or Listeria tainted foods.  Others are seriously injured or killed by defective tires, seatbelts, airbags, and rollover-prone SUV’s.  Others are killed by defective airplanes.  Workers and their families are injured by asbestos.  These are all products and they are all covered by Product Liability law. 

In a Product Liability case manufacturers and sellers can be held liable if the product is unreasonably dangerous.  “Unreasonably dangerous” is defined as unsafe when put to a use that is reasonably foreseeable considering the nature and function of the product.

Preservation of evidence is crucial in these cases.  Always save the product.  Call an attorney as soon as possible to help save any evidence that you do not have access to.

Products liability injuries involving machinery are usually quite severe.  Machines can kill or amputate, crush, or deglove (strip the skin off) limbs, especially hands and arms.  These cases are usually quite complex.  A product liability lawsuit cannot be brought against a worker’s employer so we must prove that the manufacturer, seller, reseller, repairer or overhauler of the machine is responsible.  This can be quite difficult, especially on older models, and on machines that are produced with the expectation that employers will modify the machines and provide safety devices depending on how they modify the machine.  However, the key to these cases is a thorough investigation of the state of the machinery when it left the manufacturer, all modifications (including equipment, safety devices, and warnings) made, when, and by whom, the state of the machinery before the accident, and all modifications or repairs made after the accident.

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