When you purchase a product, you expect it to be safe. Unfortunately, defective or dangerous products cause thousands of injuries every year. If you or a loved one has been harmed by a faulty product, you may have the right to seek compensation from the manufacturer, retailer, or other responsible parties. Gagliano Law, PLLC, helps individuals navigate product liability claims, ensuring they understand their rights and legal options.
Understanding Your Rights in a Product Liability Claim
Manufacturers and sellers have a legal responsibility to ensure that their products are safe for consumers. When a product causes harm due to a defect or lack of proper warnings, the injured party may be entitled to compensation. Product liability claims generally fall into three categories:
- Defective Design – The product’s design is inherently unsafe, making all units dangerous even when used as intended.
- Manufacturing Defect – A flaw occurs during the production process, causing some units to be defective.
- Failure to Warn (Marketing Defects) – The product lacks proper instructions or warnings about potential risks.
The laws governing product liability vary by state. Some states require proof of negligence, while others apply strict liability, meaning manufacturers can be held responsible even if they were not negligent.
Common Types of Defective Products
A wide range of products can cause injuries due to defects or inadequate warnings, including:
- Automobile defects – Faulty brakes, airbags, or tires
- Household appliances – Fire hazards, electrical malfunctions
- Children’s toys – Choking hazards, toxic materials
- Medical devices – Defective implants, pacemakers, or surgical instruments
- Pharmaceuticals – Dangerous side effects, incorrect labeling
- Tools and machinery – Unsafe power tools, malfunctioning equipment
If a defective product caused your injury, legal action may be necessary to hold the responsible parties accountable.
What to Do If You’ve Been Injured by a Defective Product
If a defective product has harmed you, taking the following steps can help protect your health and your legal claim:
- Seek medical attention – Your health is the priority, and medical records will support your claim.
- Keep the product – Preserve the defective product in its current condition as evidence.
- Document everything – Take photos of the product, your injuries, and any warnings or labels.
- Save purchase receipts – Proof of purchase can help establish when and where you obtained the product.
- Avoid discussing the case – Do not communicate with the manufacturer or their insurance company before consulting an attorney.
- Consult an attorney – A legal professional can help determine if you have a valid claim and guide you through the process.
The Legal Process for Product Liability Claims
If you decide to pursue a product liability claim, here’s what you can expect:
1. Case Evaluation
An attorney will review the details of your injury, the defective product, and any related evidence to determine the strength of your case.
2. Investigation and Expert Analysis
This may involve working with engineers, medical professionals, or industry experts to analyze the defect and its impact.
3. Filing a Claim
A claim is submitted against the manufacturer, distributor, or retailer responsible for the defective product.
4. Negotiation with Insurance Companies
Manufacturers and retailers often attempt to minimize payouts. Your attorney will negotiate to seek fair compensation.
5. Litigation (If Necessary)
If a settlement cannot be reached, the case may go to trial, where evidence will be presented to fight for full compensation.
No Payment Unless You Receive Compensation
Pursuing a legal claim against a large corporation can feel intimidating, but financial concerns should not prevent you from seeking justice. Gagliano Law, PLLC, handles product liability cases on a contingency basis, meaning you only pay if compensation is secured for you.
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