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Product Liability: Who Is Held Liable?

April 06, 2012 | Comments: 0 | Views: 162

When a medical or consumer product is the early stages of production, it is required to undergo testing and trials as suggested by the United States Food and Drug Administration. Medical products, such as medications and medical devices, require a much more thorough evaluation process, as these often can have long-term side effects and catastrophic consequences for a user if the product is defective. Other types of consumer products, such as children's toys, seatbelts and other automotive parts, home goods, chairs, electronics, and virtually all other products will most likely be tested at the facility at which they are created.

If a manufacturing company fails to meticulously test a product to ensure its safety, this company may be held liable in the event of an injury, illness, or wrongful death. A manufacturing company should be held accountable for the damage they have caused due to a faulty product, as the consumer's safety should be their main priority over turning a profit. Essentially, this refers to product liability. A product liability claim, which can turn into a mass tort claim when many people are affected by the product, will likely begin with a warning issued on the product. This will happen in one of two ways. The first possibility includes a company finding a defect in the product after it has hit shelves. Once the defect has surfaced to the testers of this product, the manufacturing company can issue a warning or voluntary recall. The second scenario involves the device having already caused harm to a consumer or multiple consumers. In this situation, it is more likely that the FDA will become involved and a warning, voluntary recall, or mandatory recall will be required.

While mandatory recalls are not as common as voluntary recalls, they are both worrisome in the sense that the product has been known to cause harm or has the potential to cause harm. In some situations, when a warning is issued, the warning may be in the form of a new label on all products that hit the shelves from this point forward, failing to inform the current users of the potential dangers that the product possesses. After a case of injury or illness surfaces regarding a product, the manufacturing company may scramble to put together a warning or state that the consumer was at fault for their own injuries due to misuse of the product.

No matter what a manufacturing company may say, it is very important to know your rights as a consumer against poorly constructed products. Whether the product was faulty by design or was poorly crafted, you will need an attorney to thoroughly investigate the claim. This type of personal injury claim is arguably one of the most difficult to obtain, especially when large manufacturing companies have attorneys on payroll to prevent financial destruction from a product liability claim. It is important to know that the manufacturing company will require more proof than just your injury in order to file this claim. Your attorney will need to dig deeper to find the root of the problem, present this to the manufacturing company, and force a settlement that will cover the extent of the damages. In the end, your case may even prevent another person from becoming injured or ill in the future due to this company's products.

The Medler Law Firm is based in St. Louis and provides a nearly unparalleled legal service to injury victims all throughout the community. If you have suffered an injury due to a negligent party, you deserve to be compensated, and this firm is ready to exhaust every resource to make sure that you see the compensation that you are due. They can provide you with a free and confidential case evaluation for any personal injury or auto accident matter, including 18 wheeler accidents, electrocution accidents, railroad accidents, bicycle accidents, and all other catastrophic injury claims. The firm urges you to contact their office right away to learn more about the rights and options you have. Call a St Louis personal injury lawyer today to set up your initial consultation.

Source: EzineArticles
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