What happens when a Medical Products Liability Attorney reviews my case?

by USCPSC

Question by Sallie: What happens when a Medical Products Liability Attorney reviews my case?

This is in regard with the Depuy Hip Recall Issue.

Best answer:

Answer by Keith
They wind up making millions and you basically get very little. Never join the class action suit.

What do you think? Answer below!

November 6, 2012 | Filed Under Recalls | Leave a Comment

negligence or strict liability, and the defenses the manufactor might have.?

Question by jollypop30: negligence or strict liability, and the defenses the manufactor might have.?

Playworld Systems Recalls Swing Sets Due to Fall Hazard Caused by Defective Clevises
The following product safety recall was voluntarily conducted by the firm in cooperation with the CPSC. Consumers should stop using the product immediately unless otherwise instructed.

Name of Product: Playground Swing Sets

Units: About 17,300

Manufacturer: Playworld Systems Inc., of Lewisburg, Pa.

Hazard: The clevis bearing on the swing set can wear, causing the swing to detach and the user to fall.

Incidents/Injuries: No incidents or injuries have been reported.

Best answer:

Answer by MenifeeManiac
Strict liability is usually reserved for products that have a high level of danger inherent in its use, such as dynamite.

You have a case of products liability negligence, based upon a design defect.

However, the company has issued warnings concerning the problems associated with the product’s use.

If there are no injuries or incidents prior to the notice, than anyone who uses the product with the notice given is using the product, as unmodified, may be acting negligently himself.

Add your own answer in the comments!

August 24, 2012 | Filed Under Recalls | 1 Comment

Q&A: If a company sells a product months after it’s recalled, what’s the liability?

by watchingfrogsboil

Question by fran: If a company sells a product months after it’s recalled, what’s the liability?

I asked a question earlier about this regarding my foot warmer which burned through everything. I have just learned that the product was recalled BEFORE they sold the product!

Best answer:

Answer by Victoria Sparda
Oh yes…by selling a recalled product they have to pay for any damages………….and then some based on how you go at it.

It was recalled for a reason….it’s the store’s responsibility to get it off their shelves.

Give your answer to this question below!

November 30, 2011 | Filed Under Recalls | 3 Comments

Product Liability: Who?s to Blame?

by Wootang01

Product Liability: Who?s to Blame?

Product Liability: Who’s to Blame?

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Home Page > Law > Personal Injury > Product Liability: Who’s to Blame?

Product Liability: Who’s to Blame?

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Posted: Nov 24, 2008 |Comments: 0
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What should you do when a product you’ve purchased causes serious injury? Does the product itself have serious design flaws, or was something about the product overlooked during safety testing?

These are the questions asked by people who have been injured because of faulty products. The answers, however, may not be so easy to uncover. In some cases, the manufacturer may have sold the product to the public without knowing there was a problem. In some cases, greed replaces ethics, and manufacturers rush to sell the product before its safety can be verified, placing millions of people, including children, in harm’s way.

Why Product Defects Occur

All products manufactured for use by humans must comply with safety standards and packaging and labeling requirements. But passing these basic requirements does not automatically certify a product as safe. Sometimes, safety standards are ignored to generate higher profits. Other times, a manufacturing malfunction may have caused the defect. Regardless of the intent of the manufacturer, liability for the injuries of others is a serious matter and manufacturers of defective products should be held accountable.

A product defect might be caused during the design phase or during the manufacturing phase. Products with manufacturing defects will vary in some way from other models manufactured by the company. Products with defects in design will look just like all the other products, with no obvious differences, because the flaw is in the design.

What To Do If You Are Injured

If you are a loved one has been injured by a defective product, what should you do? Some attempt to contact the manufacturer directly. But, as a lone consumer, this may not be the most effective way to get help. Who exactly do you speak to at the company? How do you know you’ve reached the right person? What will the company offer for your injury, not to mention potential lost wages, medical bills and pain and suffering? Some companies will simply offer to replace the product. This is hardly adequate in the face of serious injury.

The best way to approach the situation is by hiring an experienced defective product lawyer. Representation through an attorney sends a message that you are serious about the effects of your injury and its consequences, and you intend to hold the manufacturer responsible for their negligence. An attorney skilled in handling defective product cases knows how to use the proper channels to bring your injury to the attention of the manufacturer’s corporate personnel and let them know they may be facing a lawsuit.

Recovering Damages

Depending on the extent of your injuries, the type of defect, and the nature of the product, your attorney’s goal is to obtain compensation for your injuries to cover:

· Compensation for treatment expenses

· Property damage

· Lost income

· Pain and suffering

· Other consequences

Remember: It is your right to assume your personal safety when purchasing the manufacturer’s products. Manufacturers who fail to meet this duty may be putting their company at risk for product liability lawsuits.

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Patricia Woloch –
About the Author:

If you or a loved one suffered severe injuries after use of a defective product, let us help you bring a strong claim against the negligent parties. Please visit the website of Stephens and Holman today.

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Assume that you are suing the manufacturer. Discuss for which tort you would sue: negligence, strict liability?

Question by heavens d: Assume that you are suing the manufacturer. Discuss for which tort you would sue: negligence, strict liability?

Product: Arizona Newborn and Infant Denim Pants

According to the United States Consumer Product Safety Commission(CPSC). A product recall had been released on November 25, 2008, Release #09-056 that a recall on J C Penney Co Arizona Newborn and Infant Denim Pants manufactured in Bangladesh in sizes from 0-9 months were found to be hazardous because the metal snap at the waist could detach posing a choking hazard to infants. The recall involves Arizona brand newborn and infant girls and boy’s denim pants. Only those pants made in Bangladesh are affected; pants made in China are not included in the recall. There have not been any Incidents/Injuries reported thus far

Best answer:

Answer by meeomyo
Neither they spotted the problem before it became an issue and have tried to correct it.I see no basis for a law suit.

Know better? Leave your own answer in the comments!

April 23, 2011 | Filed Under Recalls | 1 Comment

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What happens when a Medical Products Liability Attorney reviews my case?

negligence or strict liability, and the defenses the manufactor might have.?

Q&A: If a company sells a product months after it’s recalled, what’s the liability?

Product Liability: Who?s to Blame?

Assume that you are suing the manufacturer. Discuss for which tort you would sue: negligence, strict liability?

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