Defective Product Attorney in Washington, D.C.

In a product liability case, anyone involved in bringing a defective good to the market may be responsible for a consumer’s injuries. Liable parties can include manufacturers, distributors, and retailers. 

Under the law, products available for sale must be safe to use according to their instructions. If the consumer uses the product for its intended purpose and suffers injuries, the consumer may file a claim against the negligent parties. 

Consumers can file product liability claims under negligence, strict liability, or breach of contract rules. 

Negligence claims must prove that the manufacturer or other entity did not abide by a duty of reasonable care when bringing the product for sale. The consumer must present clear-cut evidence that the party’s negligence directly led to their injuries.

Strict liability claims are easier to prove. The consumer must show that the product had an inherent defect when it came for sale. They don’t need to show that a particular entity’s negligence resulted in the imperfection.

Under a breach of a warranty claim, the consumer must prove that the manufacturer or retailer broke a promise. For instance, a retailer who resells a used food processor and gives a one-year warranty on the product may be liable for breach of warranty if the processor fails to work after a month or two and injures the consumer.

There are three common types of defective product claims that we see regularly. They include defective manufacturing, defective design, and failure to provide adequate warnings.

Defective Manufacturing

A defect in manufacturing occurs while the product is in production. There is nothing inherently wrong with the design of the good, but an error occurs during the production process that results in a defect. For instance, the product may accidentally skip a part of the production, or workers may assemble the product incorrectly.

Usually, manufacturing defects affect only a few products of those produced. If more than a few products are defective, there may be an issue with the product’s design.

Design Defects

In design defects cases, every product using the design is defective. Something is inherently wrong with the product itself; unless the company takes steps to correct the design, anyone buying the product may suffer injuries.

To prove defective design, defective product lawyers in Washington, D.C., will need to show that the defect is present in multiple goods, not just the one purchased by the injured victim.

Marketing Defects

A marketing defect occurs when the manufacturer or retailer makes inaccurate claims about the product. For instance, they may advise consumers that the product can resolve specific problems, even when it doesn’t. 

Marketing defects also arise when the instructions for the use of the good are inaccurate or fail to advise consumers of potential hazards.

It’s possible to have multiple defective product claims. A defective product attorney can help you determine which claims apply to your case.

To be eligible for damages in a defective product case, you must show that the product caused your injuries. If you don’t have any injuries from using the product but know it is faulty, you don’t have any basis for recovering damages.

Any product can be dangerous to a consumer, no matter how innocuous. Some of the most common types of defective products we see include:

• Firearms
• Pharmaceuticals
• Medical devices
• Cosmetics
• Heavy machinery
• Food and beverages
• Products using lithium batteries
• Toys or games
• Motor vehicles
• Computers or other technology devices
• Lawn maintenance equipment

If you have suffered injuries from a defective product, the attorneys at Morgan & Morgan can help. We’ll determine the cause of your injuries and establish how the product was defective.

A defective product can result in all types of injuries, some mild, while others can be severe. Examples of injuries sustained by defective products include:

• Broken bones and fractures
• Cuts or lacerations
• Crushing injuries
• Burns and electrocution
• Paralysis
• Traumatic brain injury

In the worst cases, using a defective product may result in death.

You may not know what to do if you’ve suffered injuries due to a defective product. Many choose to treat their injuries and pay for their medical expenses out-of-pocket, not realizing they may have a claim against the manufacturer, distributor, or retailer.

While you may not think your case deserves a lawsuit, the only way a manufacturer will know that their product is defective is when they are the subject of a lawsuit. A lawsuit notifies them of design problems, manufacturing process errors, or ineffective instructions. The people involved in the case can take steps to protect other consumers from experiencing injuries like yours.

A defective product lawyer will listen to the circumstances of your case and analyze the product to understand its defects. They’ll speak with engineering and manufacturing experts to establish how the product caused your injury. Once a defective product lawyer has a sound basis for the lawsuit, they’ll file a claim against the responsible parties on your behalf.

Defective product law is complicated and often involves companies with extensive legal teams. Their legal team will fight against you, attempting to prove that you were somehow responsible for your injuries or that you didn’t use the product the way the company intended.

Working with defective product lawyers in Washington, D.C., can protect your rights and prevent others from making unfounded accusations against you. 

We’ll work to establish your claim and represent you in your case. We’ll handle all legal aspects, including case filings and motions. We’ll represent you in the trial if your claim goes to court. You can relax and focus on recovering from your injuries while we try to prove your case.

Some of our most recent wins in defective product cases include:

• $28M against a lumber company that provided defective flooring
• $22M against a roofing business that made false claims about their roofing tiles
• $1.9M in a defective airbag case against a major automobile manufacturer
• $850K from an automobile manufacturer whose vehicle defects caused severe injuries

Of course, every case is different. We’ll develop an effective case strategy for your claim against the responsible parties.

While a lawsuit can’t repair the physical damage you’ve suffered from using a defective product, it can compensate you for your injuries. In most defective product cases, you can receive damages for past and future medical expenses, lost wages if you cannot work, and household expenses for chores like cleaning services.

You may also obtain remuneration for emotional pain and suffering, the injury itself, loss of quality of life, and disability or disfigurement.

If your case goes to trial, a court may award punitive damages.

If you are the family member of a loved one who died from injuries from a defective product, you can obtain remuneration for their funeral and burial expenses. You may also receive compensation for mental anguish and loss of companionship.

You must file a defective product lawsuit within three years of the date of your injury. If you don’t file a lawsuit within the three-year deadline, your case will be time-barred, and you probably won’t be able to obtain any monetary compensation.

Loved ones who file a wrongful death lawsuit on behalf of a family member who dies due to a defective product have two years to file their case in court. 

Defective product lawyers in Washington, D.C., can determine whether your case meets the statute of limitations.

It’s best to begin the legal process quickly, as it will take your attorney time to establish the facts of your case, assemble evidence, and decide on the appropriate legal strategy. 

The value of your defective product case depends on several factors, including the extent of your injuries and who is at fault. Defective product lawyers in Washington, D.C., can review your claim to determine its approximate value. Once we know how much your case is worth, Morgan and Morgan will fight to obtain the compensation you deserve.

In most cases, defective product personal injury and wrongful death cases resolve through settlement. During the settlement process, your attorney will work with the defendants to reach a satisfactory agreement that fairly compensates you for your losses. 

However, sometimes companies don’t want to settle. If the defendant refuses to settle, we will take your case to court and represent you at trial.

Cases that resolve through settlement generally take up to six months to complete. If your claim goes to trial, it may take several years to conclude.

There are several defenses to defective product cases. A few that we see the most include arguing that the plaintiff didn’t use the product as intended or assumed a certain level of risk for using the product.

Consumers must ensure that they use all products in the way they should. If you fail to do so, you may be responsible for your injuries.

Consumers should be cautious with products that have risks, like firearms and heavy machinery. Make sure to wear appropriate safety equipment and only use them per instructions.

At Morgan and Morgan, we understand how defective products can result in severe injuries. We seek to obtain compensation for our clients, allowing them to pay for their medical expenses and time away from work while they recover. 

As the nation’s largest personal injury firm, we’ve won billions of dollars in damages for our clients. We can help you, too. Schedule a free case consultation with our defective product lawyers in Washington, D.C.