Mansorian law group
Defective Drugs and Products
Defective Drugs And Products Lawyer
As consumers, most of us trust manufacturers to provide products that are completely safe for the user. Usually, we are right to do so, but what happens when that trust is misplaced? Though rare, occasionally, something is sold to the public that is actually dangerous, sometimes life-threatening, or even lethal.
If you should be the unfortunate victim of a defective drug or product that negatively affects your life, the best defective drugs and products lawyer is there to protect you. While winning a claim may not make everything right again, the money the court awards you may make a difficult situation better.
The effects of a defective drug or product that adversely reacts with your system may change you forever, lower your quality of life and reduce your earning capacity. Your rights as a consumer demand that you receive adequate and fair compensation from those responsible.
If you are thinking of bringing a defective product claim, you should consult the best defective drugs and products lawyer. Let’s look at some of the points you should consider.
What You Need to Know About Product Liability Law
“Let the buyer beware” used to be the rule. It means that it is up to the consumer to verify any defects in an item, both obvious and hidden, with no recourse to the maker. This system prevailed in the US right up until the end of the 19th century.
Gradually, the idea of implied warranty took over, whereby the manufacturer was held liable for any hidden defects. This was all well and good at a time when the majority of people bought directly from manufacturers, but hopeless for consumer law as buying from a retailer became the norm.
It wasn’t until the late 1950s that the legal system began to allow buyers to take action against manufacturers for defective products with whom they had no direct contract. This area of the law has continued to expand, and in 1998 the American Law Institute approved the Restatement (Third) of Torts: Products Liability. That states, “a product is defective when, at the time of sale or distribution, it contains a manufacturing defect, is defective in design or is defective because of inadequate instructions or warnings.”
Consumers have the right to expect that all manufacturers produce completely safe goods for the end-user and that any potential problems are flagged up and made known. Sadly, this is not always the case, or problems only come to light after release, but the damage inflicted can be severe and life-changing. That’s when a defective product claim comes into play.
Though specifics vary, there are, broadly speaking, three categories of defective product claims:
- Poor design that results in danger to the consumer. This has nothing to do with the manufacture but relates to an inherent flaw in the design, especially concerning its safety.
- Defective manufacture that leads to injury. Here, the manufacturer did not intend there to be a defect but is still liable for any problem caused. In this case, not every example of the product may be affected.
- Insufficient warnings about potential dangers that may be latent in the product. Any possible problems should be pointed out clearly to the consumer. Today, warnings are usually displayed prominently and in several languages, often supported by symbols.
Although all reputable companies make great efforts to ensure that everything that carries their brand name is completely safe, mistakes occur. However rigorous the testing procedures, products can go on sale that cause injury or illness.
The pharmaceutical industry is a good illustration. The US Food and Drug Administration demands rigorous trials to demonstrate the safety of a drug before it is allowed to be prescribed to or bought by the public. Yet problems still arise sometimes in batches, resulting in irreparable damage. The same can be said for all industries.
Who is Responsible?
Knowing who to seek compensation from is not always straightforward and must be looked at carefully if your claim is to succeed. There are several possible targets, among whom are the following:
- The designer
- The manufacturer
- The wholesaler
- The retailer
- The doctor that prescribed a drug
- The pharmacy that wrote the wrong dosage or label
It may be that a combination of factors led to the injury sustained. A specialist attorney will help to pinpoint liability and direct your legal claim to the proper quarter.
You will need to demonstrate that the drug or product has caused actual harm and that that harm was directly due to a defect in design or manufacture or that insufficient information as to its use had not been provided. You will also need to show that you were not in any way responsible for the damage and had adhered to the operating instructions, dosage or similar.
Commonly, defendants may offer either of the following defenses:
- Misuse by the plaintiff or using the item in a manner unforeseeable by the manufacturer. Using something other than a hammer to drive a nail, for example, and complaining when you get hurt.
- The plaintiff’s own negligence in the use of the product. Using turpentine to clean your hands and then trying to get compensation for skin irritation might not win you the case.
There is a statute of limitations defense whereby an action must be brought within a certain period. This varies from state to state, but is generally two years from when the injury is or should have been discovered, but can be as little as one year or as much as four. Occasionally, it is the time from when the item was purchased which may be as long as 10 or more years.
What Compensation Might A Defective Drugs And Products Lawyer Help You Obtain?
The amount of compensation you might expect if your legal action is successful will be commensurate with the harm you have received. Problems caused by dangerous or recalled drugs and products vary enormously, from merely inconvenient to the permanent lessening of your health and life expectancy.
Depending on individual circumstances, you may seek compensation for the following:
- Medical expenses
- Physical pain
- Recompense for lost earnings
- Emotional and mental suffering
- Damage to property
- The reduction in your quality of life
- Social problems resulting from the trauma
- Possibly punitive damages if the case warrants it
The most obvious and easiest to calculate are the financial aspects, but don’t neglect the other less-tangible symptoms caused by the damage inflicted. Though maybe harder to put a figure on, the emotional fallout from the hurt received from a dangerous product or drug can be as serious and debilitating as the physical. The compensation that is settled on you must take everything into consideration, both tangible and intangible.
Why Hire A Defective Drugs And Products Lawyer
Law is complex, especially where large corporations are involved, and you shouldn’t go into a product liability claim without an experienced attorney on your side. A great deal of evidence has to be presented to the court, often backed up by expert testimony from several sources. You need a specialist to achieve the optimum result for you so you can get fair compensation for what you’ve been through due to their negligence.
Your opponent will likely be a large corporation, utilizing a team of trusted lawyers that fight claims like yours every day. Should they lose, apart from the immediate financial burden, they also face damage to their reputation and the possibility of a flood of claims from other consumers who have suffered similarly. You need to ensure you put your best evidence forward.
Don’t go into a claim unprepared. If your case is to prevail and justice served, you will need an attorney well-versed in the particulars of dangerous drugs and/or product liability – someone you trust to get the compensation you deserve.
Do You Have A Case?
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