Product Liability Litigation
Product liability lawyers ensure that corporations are held accountable when they sell faulty or dangerous products. If you suffer a personal injury as a result of these bad products, you may be entitled to hold the manufacturer, supplier, or a third party responsible for your damages.
The product liability attorneys at The Hornbuckle Firm are prepared to help victims of defective and dangerous products get the compensation they deserve. We will investigate your claim, determine where liability should lie, and fight to get you every penny you are due. Call (425) 679-0742 today if you’d like a free consultation from our expert product liability lawyers.
What is Product Liability?
In tort law, a concept called strict liability applies. Product liability lawyers use strict liability to mean that companies are responsible for the consequences of their products even if the consequences were unintended. This means that if a company designs a defective airbag and someone gets hurt, the company is responsible regardless of their intention.
Because of strict liability, it is possible to hold companies responsible for a wide array of unreasonably dangerous products. Faulty or dangerous medical devices may lead to wrongful death and are a common focus of product liability lawsuits. Because of the scale that many products are produced at, mass torts or class action lawsuits are also common.
Understanding Your Case and The Washington Product Liability Act
If the incident occurred in Washington state, then it’s important to understand the Washington Product Liability Act. The WPLA has four major branches under which most product liability claims fall.
The first branch is a breach of warranty. Here, contract law is key. If a consumer is harmed due to a breach of an item’s warranty, the consumer may have grounds to sue in Washington.
The second branch is failure to warn. Dangerous products require warnings. Medication, for example, must list its side effects but a pair of scissors doesn’t require a warning. In Washington, injury resulting from a lack of warnings on a deceptively dangerous product may be grounds to sue.
Third, we have the consumer safety standard. If a reasonable consumer would understand the product to be significantly unsafe, this branch of the WPLA applies and a lawsuit may be possible.
Finally, injured consumers may sue pursuant to the risk/utility test. This test looks at the chance of injury multiplied by the seriousness of that injury. If this outweighs the cost to redesign, the company may be held liable under this provision.
Types of Products
Many kinds of products may come with various design flaws or manufacturing defects that render them dangerous. Some are more common than others, however, making them favorites of product liability lawyers. Some common objects of product liability lawsuits include:
- Medical devices
- Prescription and over-the-counter drugs
- Tools
- Food
- Chemicals
- Toys
What Is a Warranty?
A warranty is a promise (express or implied) between a consumer and a producer that the product will meet the standards outlined in the warranty. Another type of warranty that commonly arises in product liability cases is the implied warranty of fitness for a particular purpose. If the warranty is breached and the consumer is injured, they may be able to pursue damages. Some common promises made in many warranties include:
- Lifetime warranty
- Satisfaction guarantee
- Refund if the product ceases functioning
How Much Is My Product Liability Case Worth?
A faulty product can cause many kinds of injuries, so there are many kinds of damages that are recoverable in product liability lawsuits. Product liability lawyers most often go after the following:
- Medical bills
- Future medical bills
- Emotional harm
- Physical harm
- Loss of enjoyment of life
- Disability
- Lost wages or income
Conclusion
If you’ve been injured by a faulty product, the first step is to call experienced product liability lawyers like those at The Hornbuckle Firm ((425) 679-0742). They will be able to assess your case and determine how much it might be worth.
If your case falls under the WPLA, you may be in luck as your case may be relatively more straightforward. If not, compensation may still be possible. The WPLA is a very useful tool to product liability lawyers, but even in cases where it doesn’t apply, winning may still be in reach.
The most important things to do if you’ve been injured by defective products are simple. First, collect all the information you can about the incident and any relevant warranties or waivers. Second, call an expert product liability lawyer and explain your case. This may help increase your chances of receiving compensation for your injuries.
The Hornbuckle Firm is happy to offer a free consultation where we can help assess your case. We’ve helped clients recover millions of dollars in product liability cases and if you’ve been injured by a defective product, we might be able to help you! Call The Hornbuckle Firm today at (425) 679-0742.
Our Attorneys
Product Liability Law
Product liability law states that manufacturers, distributors, wholesalers, and suppliers are responsible for ensuring a product’s safety. Because unsafe products can result in serious personal injury or even death, it is vital that manufacturers take every precaution necessary to guard against potential defects.
There are three main types of defects that may be covered in product liability cases:
- Design defects – flaws in the intentional design of a product that makes all products created using this design unsafe for use
- Manufacturing defects – flaws that occur during the manufacturing process, rendering a particular unit or batch of products unsafe
- Marketing defects – Improper labeling, insufficient instructions, or a failure to warn of a product’s dangers, including those that may arise from less obvious forms of misuse
Proving product liability is incredibly difficult and time is not on your side. In the state of Washington, you have two years from the date of injury to file a claim, but waiting is never a good idea. The longer you wait to secure legal representation, the more difficult proving your case can become. As soon as you are injured from a defective product, our liability attorney can launch an investigation into the cause of your injury and help you determine all that you may be entitled to pursue.
Liable Parties
In product liability cases, there can be multiple parties held liable for your damages. For example, in cases involving dangerous drugs or defective medical devices, the manufacturer may have known about potential dangers, which may make them solely liable. However, the company that markets the products may also have known, as could the doctor prescribing the medications and the company distributing them. This makes four potentially liable parties, all of which will have high powered legal teams to fight against your claim.
The only way to make sure you are treated fairly and provided full compensation is with the help of a product liability attorney who has the experience and tenacity required to litigate these cases. With over six decades of combined experience and a proven track record of success, the product liability lawyers at The Hornbuckle Firm are ready to help you maximize the value of your compensation.
If you have been injured by a defective product, please call (425) 679-0742 or contact The Hornbuckle Firm today to schedule a free consultation. Our firm serves clients from Seattle, Bellevue, Tacoma and surrounding areas, but has litigated cases in Washington, Tennessee, and Texas. We accept cases from all states across the country.
DO I HAVE A CASE?
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Please call (425) 679-0742 or contact The Hornbuckle Firm today to schedule your free nursing home abuse and neglect consultation. The firm has litigated cases in Washington, Tennessee, and Texas. We accept cases from all states across the country.
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