Product Liability
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Toxic or defective products may cause injury or disease to persons in many different ways. Some products cause harm immediately, through a single traumatic accident such as a fire, explosion or mechanical failure. Other products may cause injury or disease only after prolonged repetitive use. In still other cases, such as asbestos exposure, injury or disease may show up years or even decades after use or exposure to the product.
Generally speaking, manufacturers have a duty to supply products that are reasonably safe for their intended use. A manufacturer may be subject to liability if its product causes an injury because it was not reasonably safe in design, had a manufacturing defect or came with inadequate warnings.
There are 3 steps that you should take if you have been injured by a defective or toxic product:
- Get proper and immediate medical attention for the injury or disease. It is important that your physician be provided with an accurate statement of exactly how and when the injury or disease occurred. This factual information is important not only for treatment purposes, but also for proof in court, if that later becomes necessary.
- If possible, save the product, the substance or a representative sample of the material that caused the harm. The package or container for the product, along with any warning label or instruction manual, should also be saved. Again, this information may assist the physician in providing treatment, and may be required in the event of a lawsuit.
- Gather information concerning witnesses to the use or operation of the product, as well as to your injury or exposure, and
- If the injury or disease occurred on the job, file a workers' compensation claim as soon as possible.
Defective or toxic liability cases are generally complex – consulting an experienced personal injury lawyer is usually a good idea. Most personal injury lawyers will not charge for an initial consultation and will be willing to handle your case on a contingent fee basis, with the fee paid out of your final settlement or recovery. As with seeking medical attention, you should consult a lawyer promptly. An early and thorough investigation can be crucial to the final outcome of your claim.