Injured by a Defective Product?
Your Consumer Rights in Product Liability Cases
Defective and dangerous products injure and kill thousands of Americans every year. Taking legal action not only protects a victim's personal rights and financial security, it also protects other consumers and promotes accountability for the companies responsible for designing and manufacturing consumer goods in the United States. Product liability laws are an important aspect of the free market because they serve to shield consumers and provide them with important options and rights.
Our attorneys from Aaron Sachs & Associates, P.C. in Springfield can help you understand your rights if you were injured by a defective product. Not only can we manage individual defective product claims and lawsuits, but we also have the resources and experience needed to manage cases that participate in a larger mass tort against a product manufacturer. You can rely on us, no matter how complex your situation or severe your injuries.
Defective Product Cases We Accept
Every product sold on the market has the potential to be dangerous to the average user if the manufacturer is negligent. Thanks to our insight and abilities, our Springfield defective product and mass tort attorneys can assist with cases that deal with all sorts of dangerous products. However, our firm uses its vast experience and resources to focus on cases that involve catastrophic injuries and that have affected a significant number of people.
A few defective and dangerous products we are paying attention to now include:
- Hernia mesh devices: A hernia mesh device or hernia surgical mesh implant is a medical device used to contain a hernia and allow the surrounding tissue to heal. However, there have been numerous reports in recent years of hernia mesh devices failing shortly after implantation, which requires revision surgery to correct.
- CPAP devices: CPAP machines are used to supply oxygen to a sleeper who suffers from sleep apnea. Certain CPAP devices and similar machines have been recalled for cancer dangers. It was found that polyurethane foam in the airway can break apart and be inhaled by the user, which can eventually result in severe illness.
- JUUL pods: Once heralded as a way to fight cigarette addiction, JUUL products and vaporizers have since become the controversial new center of this public health issue. Specifically, JUUL has been accused of knowingly marketing its nicotine-based products to children and teenagers who don’t understand the dangers of using them.
- Zantac®: The popular off-the-shelf heartburn medication Zantac and its active ingredient ranitidine have been linked to possible NDMA contamination. It has been shown that a single dose of Zantac can expose the user to more than 30,000 the recommended daily maximum exposure amount of NDMA.
- Talc powder: Johnson & Johnson (J&J) has been embroiled in numerous class-action lawsuits after its talcum powder products like baby powder have been repeatedly linked to an increased risk of ovarian cancer when used for feminine hygiene, as advertised. It has also been linked to lung cancers due to asbestos contaminating the talc.
What Makes a Product Defective?
When someone is injured by a defective product, it is important to ask what happened to make the product that way. Was it a mistake that makes all products of the same type unsafe? Or is it an isolated incident that affected just one batch of the products? Our attorneys can look into these questions and more to figure out what made the product defective, which will then show who is liable for your damages.
Products can become defective by:
- Design: A product is defective by design if it becomes unsafe for use during the design process. A design defect makes all products of that type dangerous. For example, top-heavy dressers with no wall mount are unsafe by design.
- Manufacturing: A product is defective by manufacturing if it becomes unsafe due to a mistake in the manufacturing process, which includes its creation, shipping, and storage. Such defects tend to cause only batches or groups of a product dangerous, not necessarily all of that type of product. For example, batches of spinach contaminated with E. coli is technically defective by manufacturing error.
- Marketing: A product is defective by marketing if it becomes unsafe due to how it is advertised to the consumer. For example, J&J baby powder was advertised to be used for feminine hygiene, which allegedly has caused uncounted cases of ovarian cancer. Had the talc powder product never been advertised in that way, it likely would have never been considered unsafe.
What is a Mass Tort?
A mass tort involves multiple plaintiffs taking legal action against an at-fault party for similar reasons. They are often used to bring defective product claims because dangerous products have the potential to harm thousands of people in a short amount of time. Unlike in a class-action lawsuit, plaintiffs in mass torts retain their individuality. Your case can succeed entirely on its own merits, even if every other person with a similar claim loses in court. You can also get a personalized amount of compensation, rather than a split of a large compensation pool.
Mass torts are beneficial because plaintiffs from all corners of the country can more or less work together to prove their arguments. The evidence used in one case can benefit the next. As such, the more people looking to join a mass tort, the better.
Ready to begin? Contact Us Today
If you are curious about your case and how it looks from a legal standpoint, get in touch with our firm. Our Springfield defective product attorneys and mass tort lawyers at Aaron Sachs & Associates, P.C. can help you examine your situation and look at all the solutions that could be available to you. There are choices facing you and we can help you navigate these different paths armed with the information you need to feel right about the steps you take.
If you were injured, you may have questions:
- What are my rights?
- How can an attorney be of assistance to me?
- Was this injury my fault or are the product makers or designers liable in some way?
- How long to I have to take action before the statute of limitations comes into play?
- Do product liability laws impact my case? How?
- Can I handle this case alone without a lawyer?
- Who is responsible for a defective product: the designer, manufacturer, or retailer?
- I believe that the product that caused my injury did not contain sufficient warning labels nor did it properly explain potential risks. Do I have a product liability case?
- To which kinds of compensation could I be entitled?
All of these questions and more can be answered in your initial free consultation with a member of our team at Aaron Sachs & Associates, P.C. Call our office today.
“My experience as a client was no less than phenomenal. The attorney who handled my case was great. my biggest praise goes to the paralegal who was there for me every moment, Peggy Forest.”- Larry Ward
“Thank you, Daniel, and thank you Aaron Sachs.”- J. Mallory
“Thank you all for everything. Dana Baker was great. She took over, lifting the burden of dealing with the insurance companies so we were able to focus on healing. She kept us informed every step of the way. I would recommend it to everyone. Again thank you”- Jaden Austin