• Black LinkedIn Icon
  • Instagram - Black Circle
  • Black Facebook Icon

© 2019 by SAADE LAW

Product Liability

Product liability lawsuits cover all types of product defects that can or has caused you harm. Typically, there are three main allegations claimed in a product liability suit. Those are as follows:
 
  • Design Defect: The design defect includes negligence, bad design, poor processes and almost everything else wrong with the product. It means that the whole product was designed poorly and was released without proper quality assurance. In such cases, all the other similar products of the company can have this possibility to cause harm to the customers
  • Manufacturing Defect: The manufacturing defect includes those products that were introduced with an error or defect during the manufacturing process. In such a case, not all the products in the market will be defective but only those in the same batch or manufacturing cycle. 
  • Marketing or Instructions Defect: This means that the warning labels and instructions on the product were inadequate, wrong or misleading. For example, if the manufacturer markets the product as organic and includes non-organic ingredients, they can be held liable.
       As a modern society, we use a variety of products on daily basis. Many of these products come with limited and/or lifetime warranties or guarantees. However, defective products can make their way into your home or work and cause you serious harm. When any such incident occurs, the you may have a legal right to file a claim against a manufacturer, distributor, seller, and/or designer of a defective product. The following are some of the key questions regarding you need to answer to determine if you may have a product liability claim claim.
  1. Do you believe the product was defectively designed or manufactured?
  2. Do you believe the product failed to provide adequate warnings regarding the potential danger of the product?
  3. Did the product contain no warnings or instructions?
  4. i.Have you suffered any injuries to your person or incurred actual monetary loss due to a product?
If you answered “yes” to questions 1 or 2 or 3 and 4, you may have a products liability claim

Type Of Product Liability

E-Cigarettes

Traditional smoking is now being replaced by e-cigarettes. The sales of e-cigarettes has exploded over the past few years and with that, product liability lawsuits have as well.
 
Many of the lawsuits filed against e-cigs allege that defects in batteries have injured many smokers. In the United States, more than 120 lawsuits claim that batteries of e-cigs exploded in the face of user which resulted in injuries such as burns to the throat, tongue, and lung as well as the loss of teeth.

 

Other lawsuits contain allegations that that the batteries overheated, causing users skin damage and burns. In upstate New York, there was a wrongful death lawsuit filed against an e-cigarettes company alleging that shrapnel from an exploding e-cigarette caused a fire which led to a person’s death.
 
In such circumstances, the injured person or representative may file a lawsuit against the manufacturer, distributor, and/or seller of the e-cigaratte that caused the alleged harms. 
  

Asbestos-Containing Products

Asbestos is a fibrous natural mineral that poses great danger to human health. It can be found in over 3,000 products, and human exposure can lead to life-threatening diseases, including lung cancer and Mesothelioma. 

There are many ways someone may encounter asbestos, but the most common occurrence is by inhaling asbestos-fibers released when disturbing an/or working with asbestos and/or asbestos containing products. Asbestos fibers cannot be seen with the naked eye, but can easily be inhaled. This could result in asbestos fiber buildup in the lungs, which would lead to the formation of cancerous cells.

Though not limited to workplaces, occupational exposure is the leading form of Asbestos encounters. Exposure to Asbestos is also possible in private homes and public areas. Workers who are employed in construction and factory industries are at a higher risk for exposure.

Asbestos can be found in soils and rocks and among products used for commercial, industrial and domestic industries. 

Here are some commonly used products that contain asbestos:

  • Drywall and Join Compound

  • Roofing Tiles

  • Insulation Materials

  • Car and Aircraft Brakes


All asbestos-related diseases are caused as a result of of exposures to asbestos and/or asbestos-containing products. If you have been diagnosed with an asbestos-related disease (Asbestosis, Pleural Thickening, Lung Cancer, Throat Cancer, Esophageal Cancer, Colon Caner, and/or Mesothelioma) you may be able to file a lawsuit against the manufacturer or distributor of the asbestos-containing products or premises owners that exposed you to asbestos. 

 

If you have been diagnosed with an asbestos-related disease, you may be also be entitled to compensation from various available asbestos bankruptcy trusts. After the link was discovered between asbestos exposure and several deadly diseases in the 1960s, companies that mined asbestos and produced asbestos-containing materials started to face a series of lawsuits for personal injury claims and wrongful death claims. Many asbestos companies couldn’t pay out the settlements and jury awards that emerged from these lawsuits and filed bankruptcy in an attempt to reduce or eliminate their liability. In many cases, they were forced to set up asbestos trust funds with ample compensation set aside to pay out current and future claims.

Since the first asbestos-related bankruptcies filed by Johns-Manville Corporation and UNR Industries, an estimated 100 other asbestos companies have since gone on to file for Chapter 11 reorganization. Not all of these companies have established trusts, as some company reorganizations were not approved, and other companies were ultimately forced to file Chapter 7 bankruptcy instead, which required a liquidation of their assets to pay debtors

 

The asbestos industry is and will still paying for its sins and if you or someone you love is suffering from its repercussions like Mesothelioma, or Asbestos-induced cancer, you or they should be aware of your legal right to sue the responsible party for your compensation.

To file a claim with a trust, generally, you have to prove that you or your loved one were exposed at a particular worksite or that exposure resulted from a particular product. Many asbestos trusts also have established exposure and medical criteria that set a baseline for those looking to seek compensation. 

The amount of compensation that you receive will ultimately depend on a variety of factors, including eligibility. An experienced mesothelioma lawyer will be able to negotiate with the trust fund to get you the most monetary compensation possible.

Types Of Product Liability Matters

Hernia Mesh

A hernia is a very common disease which can happen to anyone due to a pre-existing genetic condition or it can develop over time due to extensive or strenuous physical activity. Hernias develop when an organ is pushed through the lining of the abdomen or pelvic wall. In any case, it requires surgery to fix the tear. The surgery usually entails a mesh net surgically inserted and placed over the tear to fix it. In multiple cases, severe complications can arise if the hernia mesh device used was defective. If you or your loved one has had to face this terrible situation, you can file a lawsuit under the product liability.
 
Hernia mesh has already been in the bad news for many years. It has been pulled from markets due to high risk of failed devices. It causes significant injuries to Florida residents who happened to have used this device after when it was first approved by the FDA in 2010.
 
Now, any person harmed by the hernia mesh can file mesh injury lawsuit to recover compensation for the injury, mental and physical suffering and other wage losses.

Transvaginal Mesh

Transvaginal mesh is another mesh product that has a high failure rate. Hundreds of women between the ages of 70-80 suffer from pelvic organ prolapse (POP) and/or stress urinary incontinence (SUI). Both POP and SUI are not life-threatening diseases but it can cause pain, sexual discomfort, and pressure. The fix to this pain is a TVM repair surgical procedure that involves TVM devices. 
 
If you or your loved one underwent the TVM surgery and suffer from persistent pain and sexual discomfort after the implant then you have a legal right to file a lawsuit against the company.
 
In the United States, there have been more than 30,000 TVM lawsuits. The annual sales of this device exceed over $70 Billion and Johnson & Johnson is one of the largest sellers of TVM  in the world. 

Sacrocolpopexy Mesh

Another surgery that involves the use of mesh devices is sacrocolpopexy. Sacrocolpopexy repair vaginal vault prolapse and works well for use in the NHS, but it has similar issues as TVM and Hernia mesh. Any surgery that treats pelvic prolapse (“sacrocolpopexy,” typically for “cystocele” or “urethrocele”) or urinary incontinence (“tension-free vaginal tape (TVT)” or “urethral sling”) is a major, invasive procedure and any defective device can cause permanent trouble to the patient. 
 
If you are suffering from extensive bleeding, sexual discomfort and persistent painful urinating then it’s a clear sign that the mesh was defective or in some cases, wasn’t properly installed. In any such scenario, you have a legal right to file a lawsuit.