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Product Liability Lawyer

"Danger" warning sign with skull and crossbonesNational personal injury law firm fighting for the rights of victims of defective toys, dangerous drugs & medical devices, recalled motor vehicles, and all other negligently manufactured products that cause consumer harm.

If you have been harmed by a flawed, poorly designed, or inadequately labeled product, it is imperative that you contact a product liability lawyer who can look out for your best interests. Attorneys at Eisbrouch Marsh have 25 years of experience representing people all over the country who have been harmed by all manner of defective products.

Product manufacturers are often powerful entities whose interests are often limited to their bottom line. Voluntary recalls and offers of settlement are seemingly made in the consumer’s best interest. However, these actions are more often taken in an effort to save corporate funds. Our experience allows us to see through these efforts and help you avoid making a settlement for less than you deserve.

The company that made the product that harmed you is responsible for manufacturing a well-designed product, with adequate instructions and warnings. When they fail to responsibility, they owe you.  We file product liability lawsuits to make sure you get your due.

After a brush with a harmful product, you may be dealing with serious health problems, medical bills, bad credit, diminished earning potential, and a host of other problems. Though we may not cure your injury, we can help mitigate some of the residual pain. Contact the personal injury lawyers at Eisbrouch Marsh to learn more about filing a lawsuit against the manufacturer who harmed you.

Types of product defects

As you consider whether to file a product liability lawsuit, remember that there are three main ways in which a product can be deemed defective:

  1. Design flaw: The engineers, industrial design experts, or others involved in the product’s conceptualization made a mistake in some stage of the design process that resulted in a dangerous defect in the product. In cases like this, all products in the same line will have to be recalled.
  2. Manufacturing defect: At one or more stages in the manufacturing process, something has gone wrong that resulted in the production of some items that were defective.
  3. Misleading/inaccurate labeling or marketing: If printed directions that come with the product are inadequate or warnings about potential hazards are missing so that the product causes harm, this is considered a defect. If the product is marketed for purposes (especially dangerous ones) other than those for which it was intended or if advertising makes claims for the product beyond what it can do, the company marketing the product is liable for the misinformation.

It is possible for more than one flaw to have been involved in your accident or injury; for instance, a product that is poorly designed so that it causes harm can also have insufficient warning labels about this dangerous defect. Contact the product liability lawyers at Eisbrouch Marsh to discuss what went wrong in your case and how best you might proceed.

Injuries caused by defective products

News headlines are frequently filled with items about product recalls and other FDA actions including safety announcements, amended medication labels, and similar stories.  Though some of these announcements are limited in scope, others may impact thousands of consumers.

Our product liability lawyers commonly represent plaintiffs impacted by:

Compensation available in product liability lawsuits

Compensation may be available to you to cover medical bills, ongoing medical treatments or therapies, assistance that you may need if your injury resulted in lifelong disability, lost income and earning capacity, pain and suffering, and (in the case of the loss of a family member), wrongful death.

In some cases, product liability lawsuits can result in multi-million dollar settlements or jury awards, as when several of Toyota’s vehicles were recalled for “unintended acceleration” problems. In that case a jury awarded the families of two women who died as a result of the popular model’s defects,$1.5 billion dollars each.

It is worth noting that every case has its own measure of damages.  However, with diligent legal representation and expert analysis, you are more likely to receive fair compensation than would be the case if you accepted an unsolicited offer of settlement from the manufacturer of the product that harmed you.

Causes of action in product liability lawsuits

In a personal injury lawsuit, “causes of action” are the basis for complaints filed against the defendant, such as:

  • Negligence: A party is negligent if they acted in an irresponsible manner, not meeting acceptable standards in the design, production, packaging, and marketing of the products that they manufactured. This could include ignoring reports of potential hazards in the early design phase of a product, failing to do adequate safety checks or follow safety protocols during the manufacturing phase, or using substandard or hazardous materials.
  • Strict liability: Strict liability assumes that the manufacturer, and all other parties associated with the product, have the ultimate responsibility for anything that goes wrong, even if they acted in good faith, with no evidence of negligence on their part.
  • Breach of warranty: the concept of “implied warranty” is that the manufacturer promises a functional product, fit for its use, even if such a promise is not made expressly in a written warranty accompanying this product. A breach of warranty is a failure to live up to this implied promise to the consumer.
  • Failure to warn: if manufacturers knowingly sell or continue to sell a product with dangerous flaws, they are liable for failing to warn the consumer of the possibility that this product could cause harm.
  • Strict liability: imposes liability regardless of whether the defendant is at fault.  With regard to products, the defendant may be held liable for the defective product even if the manufacturer is not found to have been negligent in making it defective.

Eisbrouch Marsh: here to represent you

If you are eligible to file a product liability lawsuit, the lawyers at Eisbrouch Marsh can do the following for you:

  • Conduct a thorough pre-trial investigation to uncover all the circumstances and necessary documentation related to the flawed product and your resulting injury.
  • Identify all possible liable parties, including the manufacturers, research and development experts and consultants, wholesalers, retailers, and marketing agencies who may have been involved in the products construction and distribution, thus insuring maximum compensation for you.
  • Locate expert witnesses to testify regarding the product and your injury.
  • Use a thorough understanding of all local, state, and national statutes related to product liability to ensure that you receive a verdict or settlement in your favor.
  • Be available to you and able to listen to and respond to your concerns and questions, making you a priority.

Let us show you the kind of service and professionalism that we can provide with a no-cost, no-obligation consultation regarding your potential product liability lawsuit. Remember that we work on contingency and you pay nothing unless we win a jury verdict or negotiate a settlement for you.

We represent product liability victims nationwide. Call us at 201-342-5545 to set up an appointment.

  1. USA Today, Toyota to pay $1.1B in 'unintended acceleration' cases, http://www.usatoday.com/story/money/cars/2012/12/26/toyota-unintended-acceleration-runaway-cars/1792477/
  2. FDA, Recalls, Market Withdrawals, & Safety Alerts, http://www.fda.gov/safety/recalls/
  3. Cornell Law, Products Liability, http://www.law.cornell.edu/wex/products_liability