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Product Liability

Product Liability

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Manufacturers have a duty of care to create safe products. However, they sometimes sell dangerous or defective products due to negligence or misconduct. Irresponsible manufacturers suspect or know that their products cause significant damage and sell them anyway.

If one of these products has injured you or a loved one, work with an attorney with the law firm of Nessler & Associates. We can file a product liability case on your behalf and help you get the compensation you deserve from negligent product manufacturers.

What is Product Liability?

Product liability is the legal responsibility manufacturers bear for producing and selling defective products. This liability extends to faulty designs, errors in manufacturing, or failure to provide adequate instructions or warnings.

What is Strict Liability?

Strict liability means that manufacturers are responsible for defective or dangerous products regardless of their knowledge of the defect. Under strict liability, plaintiffs must prove that the product left the manufacturing facility with a flaw and that defect caused their injury. Illinois uses strict liability regarding product liability lawsuits.

What is Defective Product Design?

Defective design applies to products with an innate weakness that can cause illness or injury. This design flaw must create a dangerous situation for the consumer when using the product as intended. Examples of products with design defects include:

  • 3M combat arms earplugs
  • Philips CPAP machines
  • Surgical mesh
  • Zantac

What is an Error in Manufacturing?

Errors in manufacturing make products with safe designs unsafe for consumers to use. For example, a vehicle manufacturer improperly installs an airbag in your steering wheel or performs a weak weld on your car’s frame.

Other manufacturing mistakes include:

  • Improper cleaning of equipment
  • Defects in materials
  • Improperly sized hardware

When Does a Product Need a Warning Label or Instructions?

Product manufacturers should provide instructions for products that can cause harm if misused. Products should also contain warning labels detailing the hazards they present. Companies may be liable for injuries resulting from failure to provide adequate labeling or instructions.

Product liability law holds companies responsible for failing to ensure product safety. Nessler & Associates has experience with product liability cases. We won $1.7 million for a person partially paralyzed by a defective seat belt buckle.

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What Kinds of Damage Can Dangerous Products Cause?

Dangerous or defective products can cause devastating personal injury or death. The type of damage they can cause depends on the type of defect they have.

Products That Cause Health Problems

Dangerous products can cause lung disease, heart disease, brain damage, cancer, and autoimmune conditions. These products generally have a design defect or a hazardous nature.

Products linked to these types of damage include:

  • Cigarettes cause cancer, heart disease, and chronic obstructive pulmonary disease
  • Asbestos causes lung cancer, pulmonary fibrosis, and inflammation
  • Talcum powder causes cancer and organ damage
  • Zantac causes cancer, organ damage, and bleeding
  • Roundup causes non-Hodgkin lymphoma and leukemia
  • Opioids cause addiction and overdoses
  • CPAP machines cause lung diseases, brain damage, cancer, and organ damage

Products That Cause Injuries

Some dangerous products can cause severe injuries. The injuries might be due to a design defect but are most often caused by manufacturing mistakes.

Consumer products linked to injuries include:

  • GM gas tanks that explode when hit from behind
  • 3M earplugs that cause hearing loss
  • DePuy Orthopaedics designed a faulty hip implant
  • Takata airbags that can explode
  • Surgical mesh that can erode or damage tissue

A product liability lawyer can help you hold the company accountable for illnesses or injuries resulting in a loved one’s personal injury or wrongful death. We understand how to put together a case that can convince a jury that you deserve compensation.

What Type of Lawsuit Will Your Lawyer File?

Your lawyer can handle a product liability lawsuit in various ways. They can file an individual suit against the manufacturer if you are the only plaintiff. If there are many victims, your lawyer can join a class action suit or multi-district litigation (MDL).

When Should You File an Individual Lawsuit?

You can file an individual lawsuit if you are the only one who suffered injuries from a defective product. You can also file a personal suit if you need to cover significant financial and non-economic damages, such as medical bills, loss of wages, and pain and suffering.

What is Multi-District Litigation?

In an MDL, the courts combine all similar cases into one jurisdiction. Each issue has one or several plaintiffs, but the attorneys work together during the discovery and pretrial portions of the case.

The plaintiffs, defendants, and court choose a representative sample of cases to use as bellwether trials. The results of these trials give your lawyer an idea of the compensation their clients can expect and guide them during settlement negotiations.

MDL cases typically involve thousands of plaintiffs. The court’s goal is to resolve most of these without a trial. However, that does not mean you must settle out of court. You can take the claim to trial if your lawyer and the defense cannot agree on a settlement amount.

How is an MDL Different From a Class Action Lawsuit?

In MDL cases, each plaintiff hires legal counsel, and plaintiffs’ damages are decided individually. In class action suits, many plaintiffs employ legal counsel to represent the entire group. In a class action suit, damages are collectively determined and distributed equally among the claimants.

MDL suits allow plaintiffs to receive more compensation when they have extensive damages. Class action suits divide one award among all plaintiffs. If you experience significant pain and suffering, an MDL will give you a better chance of recovering a fair settlement.

Let Nessler & Associates Help You Get Compensation

The legal team with Nessler & Associates has considerable experience with product liability claims. We know what it takes to hold negligent companies accountable for their actions and aggressively negotiate on your behalf for a fair settlement.

If you suffered injuries or lost a loved one to a defective product, you need legal help. Please contact the lawyers at Nessler & Associates at (800) 727-8010 to schedule a free, confidential case review.

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We've Secured Million Dollar Results

$3.5Million Awarded

in this medical negligence/ educational negligence action involving a 76 year-old victim of medical malpractice. The victim suffered severe a neurological and neuro-systemic injury after the radiologist implemented an incorrect contrast medium during myelogram.

$2.1Million Awarded

in a case where a bicyclist was struck by a state vehicle. The driver of the state vehicle had negligently taken his eyes off of the roadway to retrieve an object from the vehicle’s floor.

"A few years ago a drunk driver hit me so hard it flipped the car and broke my elbow. So I called the lawyers here and they got me the money I needed to get the surgery I needed to save my arm. Faster than thought was possible. I may not be able to move it today without their help."

- Matt

"Nessler & Associates are fair, honest and excellent at what they do to help people. I highly recommend them."

- Walt

$1.7Million Awarded

in a product liability case which involved a defectively designed seat belt in a vehicle. The victim suffered partial paralysis.

$1Million Awarded

in a slip and fall on ice outside a restaurant in Springfield, Illinois. The ice accumulated by reason of negligently routing water from a downspout.

$15 Million Collected

in a catastrophic injury case involving a 13 year-old plaintiff who suffered permanent brain injury in a rollover crash. There were negligent acts alleged of several Defendants.

$1.1 Million Awarded

in a case stemming from the death of a minor who fell into a mobile home park’s sewage treatment lagoon. An offer of $50,000 was made prior to trial.

$3.5 Million Awarded

in a medical negligence case due to the failure to appropriately diagnose stroke symptoms, resulting in severe and permanent disability.

$3.1 Million Awarded

in aggregate, to childhood victims of sexual abuse by a member of the Clergy.

$3.5 Million Awarded

in aggregate, to victims of childhood sexual abuse by Catholic priests.

$1 Million Awarded

to minor victims of sexual abuse by a daycare worker. The daycare was charged with negligent hiring and retention of an employee.

$1.65 Million Awarded

in a medical negligence case due to a birth trauma, to a baby in delivery, resulting in significant cerebral palsy.

Awards

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