At The Killino Firm, we know defective products. As product liability lawyers, we have handled national defective product cases, from a national Chinese tire recall to a wrongful death and survival action against Tyco Healthcare.
For recalled toys and baby products, see our Recalled Baby Products Lawyer page at Child & Birth Injury Lawyers.
The Killino Firm’s trained and experienced legal team has a proven track record in handling defective product cases at both the individual and the national level. If you or a family member was injured by a defective product, contact the product liability attorneys at The Killino Firm today. Our work includes the case that gained us national recognition for a personal injury and death lawsuit that prompted a NHTSA recall of 450,000 faulty Chinese-made light truck tires, and a wrongful death and survival action against Tyco Healthcare on behalf of the family of a man who died after allegedly suffering adverse reactions to tainted Heparin.
We believe that companies have a responsibility to American consumers and should be held accountable for their actions. Our attorneys dig deep and fight companies that put Americans’ safety at risk to save a few pennies.
What Is Product Liability?
Product liability is the area of law that holds companies responsible when a product they designed, made or sold injures someone. A defective product attorney looks at how the product was designed, how it was made and how it was labeled, and then at who in the chain of design, manufacture and sale is responsible. The law exists because a consumer cannot inspect a tire, a medication or an appliance for hidden dangers, and companies are in the best position to prevent them.
What Is a Defective Product?
A product is defective when it is unreasonably dangerous because of how it was designed, how it was made or how it was labeled. A design defect means that the design itself is unsafe, even when the product is built exactly as planned, so every unit is a risk. A manufacturing defect means that something went wrong in production, so a particular unit is more dangerous than the intended design. A failure to warn means that the product lacks proper warnings or instructions about a danger that the manufacturer knew or should have known about, or that the product was not recalled in a timely way.
What Is Strict Product Liability?
Strict product liability means that, in many states, you do not have to prove that the company was careless. You generally must prove that the product was defective, that the defect existed when it left the company’s control, and that the defect caused your injury. Some claims are also brought under negligence or breach of warranty, and the rules vary by state. Because strict liability focuses on the product and not on the company’s state of mind, it makes it easier for injured people to recover than a traditional negligence claim.
What Are Examples of Defective Products?
Defective products come in many types. They include automobiles and auto parts, including auto defects and tires, drugs, including defective drugs, and medical equipment. They also include appliances, such as electric space heaters and electric blankets, tools and machinery, and bicycles and sports equipment. If any of these products injures a consumer or an employee, the victim may be entitled to compensation and damages, including pain and suffering, medical bills, lost income and loss of earning capacity.
Can I Sue for an Injury Caused by a Defective Product?
Yes, if a defect in a product caused your injury. A product liability claim lets injured people pursue the companies that designed, made, distributed or sold the product. Depending on your state, a claim may be brought under strict liability, negligence or breach of warranty. Victims of dangerous and defective products hire The Killino Firm because we have attorneys, paralegals and investigators who know defective products and will investigate what went wrong and why.
Do I Need a Product Liability Lawyer?
You are not required to hire one, but product liability cases are hard to handle alone. Companies and their insurers have lawyers and experts, and the evidence is technical. A product liability lawyer preserves the product, hires the right engineers and medical experts, finds every responsible company and deals with the insurers for you. We handle cases for clients across the country, so you do not need to look for a lawyer who is near you.
What Do I Have To Prove in a Defective Product Case?
In general, you must show that the product was defective, that the defect existed when the product left the manufacturer or seller, and that the defect caused your injury and your losses. It also helps to show that you were using the product as intended, so keep the product and its packaging. Experts, such as engineers, often help prove the defect. The strongest cases are built on the product itself, the manual and warnings, the manufacturing records and the company’s earlier complaints and recalls.
Who Can Be Held Responsible for a Defective Product?
Depending on the facts, responsible parties can include the manufacturer, the designer, the maker of a component part, the wholesaler or distributor and the retailer. We investigate each link in the chain to find every company that may be liable. Because each may have its own insurance, finding all of them can increase what is available to pay for your injuries.
What Happens in a Product Liability Lawsuit?
A defective product lawsuit usually starts with an investigation and a demand to the companies involved. If the case does not settle, a lawsuit is filed. Both sides then exchange documents and take testimony, and experts examine the product. Many cases settle before trial, but we prepare every case as if it will be tried, because companies settle on better terms when they know that a lawyer is ready to go to court. The Killino Firm has handled both individual cases and national ones.
What Defenses Do Manufacturers Use?
Companies often argue that the user misused the product, ignored the warnings, changed the product or did not maintain it. They may also blame a part that was made by someone else. A shared-fault argument can reduce what you recover in some states. This is one reason to speak with a lawyer early, before evidence is lost and before the company’s version of events is set.
What Compensation Is Available for a Defective Product Injury?
A victim of a defective product may be able to recover past and future medical expenses, lost wages and loss of earning capacity, pain and suffering and property damage. Families who lose a loved one may also recover wrongful death damages. In serious cases the future costs are the largest part of the claim, so we work with medical and financial experts to value them.
What Should I Do After Being Hurt by a Defective Product?
Get medical care right away. Stop using the product, and keep it. Do not repair, discard or return it, because it is the most important evidence you have. Take photos of the product, the damage and your injuries, keep the packaging, the manual, the receipt and any recall notice, and report the product to the Consumer Product Safety Commission at cpsc.gov. Contact The Killino Firm before you speak with the manufacturer or an insurance company.
How Long Do I Have To File a Defective Product Lawsuit?
Each state sets its own deadline, called a statute of limitations. In many states it is two years, but it varies by state and by the type of claim. Contact us as soon as you can so we can tell you the deadline that applies to your case.
Are Recalls and Class Actions Part of Defective Product Cases?
Sometimes. A recall is a warning that a product is dangerous, but it does not pay for your injuries. You can check current recalls on our product recalls page. When a defect harms many people the same way, the claims may be handled together. Learn more about class action lawyers at The Killino Firm.
The Killino Firm’s Product Recall Lawyers in the Media
From CNN to ABC and around the world, we make the news because we are willing to fight the large corporations and international businesses that expose our families to defective products. We are dedicated to making sure that our clients, and every American, can feel safe and secure when buying tires, using medicine and relying on the many items we take for granted in daily life. If that means filing a lawsuit so that a client injured by defective tires is compensated for pain, suffering and other losses, we will do it. If that means filing a wrongful death lawsuit so that the family of a man who died from defective Heparin is compensated for their losses, we will do it. View The Killino Firm’s defective product cases in the news.
The Killino Firm: Experience, Knowledge, Results
We treat every case with the same intensity and commitment as the Chinese tire recall and the Heparin lawsuit. That is The Killino Firm Difference. When something goes wrong, our lawyers and staff investigate every aspect of the accident to discover not only what happened but why. Using advanced technology, we evaluate every option until we determine who was responsible, and then we proceed aggressively so that our clients receive all of the compensation they are entitled to. Although The Killino Firm has recovered millions of dollars for clients, our true accomplishment is promoting a safer America for our families.
Contact The Killino Firm Today
When you need a product liability lawyer who will exhaustively investigate your defective product case and make sure every responsible party is held accountable, contact The Killino Firm, where Keeping America Safe is our primary goal. We represent injured people nationwide. Call 878-888-7878 or contact us online. We will respond promptly so you can experience The Killino Firm Difference.
