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Category: Product Liability

Defective Products – Failure to Warn

Winning a successful defective products claim can be very complex when the defect is not necessarily in the design or the production of the product in question, but in the marketing and promotion of the item.

The fact is that some products are inherently dangerous. Chainsaws, electric heaters and many painkillers are in and of themselves very dangerous products sold in the retail space every day, but if the manufacturer does not take ample steps to ensure that the consumer is made aware of their inherent dangers, they and other arms of the distribution chain could be on the hook for defective products personal injury damages.

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Defective Products – Manufacturing Defects

When defective products cause injury the injured party is often entitled to compensation from the responsible party. Whether that responsible party is the manufacturer, or the distributor, the seller or the marketing company that promoted its use, the fact is there is a responsibility on the part of anyone in the chain of distribution for commercial products to protect the consumer public where necessary.

If you have been injured by a defective product, it is very important that you personal injury claim be based on the appropriate legal theory. If not, while you may be entitled to compensation, you may have a great bit of difficulty in recovering it.

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Defective Products – Defective Design

Defective products claims are often difficult to pursue when you don’t understand the legal theories defective products liability is based on.

In this post, we discuss the second of three distinct legal theories upon which defective products claims are based. A defect in a product’s design, can often cause great harm because of the wide distribution of many products on the market today.

This kind of defective products liability often leads to the many class action lawsuits, we hear about every day. When a medication, for example, is produced and sold without a clear understanding of its longterm effects, injuries may result that could lead to a personal injury claim based on a defect in a product’s design.

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Pharmaceutical Drug Defective Product Claims: Who to Sue

Because there is a large chain of distribution for pharmaceutical drugs on the market today, there are many hands that may be held responsible when a defective products claim is brought. (See the types of pharmaceutical drug defective product claims typically made) That chain of distribution begins at the laboratory or manufacturing facility and ends with the consumer. Understanding who is involved in the process is important when bringing a pharmaceutical drug defective products claim:

The Manufacturer: Often large firms, pharmaceutical manufacturers are often the first subjects of a defective products claim. They are typically primarily responsible for the product’s makeup and presence on the market. It is important to recognize also that these firms often have deep pockets and can retain teams of lawyers to defend against defective products claims.

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Pharmaceutical Drugs and Defective Products Liability

Injuries sustained as a result of the use of a pharmaceutical drug may in fact be cause for a defective products claim. These claims are based on a failing of sorts in the drug’s manufacturers, distributor and sometimes, sales representative, prescribing doctor or hospital. There is an inherent responsibility on the part of these individuals responsible for delivering the drug to you, the patient, to ensure your safety and well being with regard to the use of that drug.

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