Edmond Products Liability Lawyer Advocates for Your Rights and Safety
Oklahoma firm wins damages for victims of consumer product malfunctions
You trust the products you use to work as intended. Unfortunately, this trust can be betrayed when products turn out to be dangerous due to design or manufacturing defects and, worse still, cause injuries to you or a member of your family. The law firm of Walsh & Franseen in Edmond has a long record of assisting Oklahoma consumers who are hurt by defective products. These claims typically end up in complex lawsuits that require deep investigation and careful preparation. You can count on us to provide with dedicated and compassionate counsel.
Understanding how product liability claims work
When a product is shown to be defective in its design or manufacture, all parties in the chain of distribution can be held liable for resulting injuries, even without their being negligent. When a defective product causes injury to several people, their cases are commonly grouped together in mass torts for purposes of streamlining the legal proceedings. When cases go to trial, each must be based on their individual facts. In handling your case, our personal injury attorney will gather the evidence of liability and of your particular damages in order to obtain the maximum compensation available.
Common defective product claims
Many types of products can be defective, but there are some that are more prone to causing injuries. They include:
- Drugs — If you were injured by a prescription or over-the-counter medication, the manufacturer, prescribing physician and seller of the drug can all be liable.
- Medical devices — Medical devices that people rely on for their health can fail or malfunction due to a design or manufacturing defect and/or surgical errors during implant.
- Toxic substances — Exposure to toxic substances can cause illnesses and injuries. Claims must be carefully documented as to causation and the extent of harm suffered.
- Children’s toys — Despite safety precautions, injuries to children from toys are still disturbingly common. If your child was hurt, we can investigate to determine if a toy’s defect was the cause.
- Firearms — Poor design or manufacture of guns can lead to malfunctions such as safety failures, misfires and explosions, which can cause injuries to users or bystanders.
- Airplanes — Multiple parts of airplanes can have design or manufacturing flaws, such as engines, fuel systems, steering, hydraulic systems, landing gear and instruments, putting passengers in jeopardy. Planes can suffer structural failures due to cracks, corrosion and stress.
If your injuries were caused by any type of product, don’t hesitate to get in touch with us.
Establishing fault and causation in a claim
Establishing fault involves showing that a product was defective and that the defect led directly to injuries being suffered by the user. A design defect means that the product had an inherent flaw, while a manufacturing defect is one that was introduced during production. Product liability claims can also be brought on the ground that the manufacturer did not provide sufficient warnings about a product’s possible dangers. Product liability cases are often hard to prove, especially when the defense alleges misuse by the consumer. Having an attorney experienced in this area of the law gives you the best chance of holding the parties at fault accountable.
Strict liability versus negligence
Product liability cases are usually based on the theory of strict liability, which requires proving only that the product was defective and that the defect directly caused injury. It isn’t necessary to prove that the manufacturer or anyone in the chain of distribution was negligent. However, a case becomes more complex when there are multiple parties involved in producing, handling or marketing the product. Each of those defendants’ liability can be shared based on their determined percentage of fault. The consumer’s own negligence is also be weighed and apportioned, which can affect the damages awarded.
Compensation and damages in product liability cases
A person injured by a dangerous product can pursue both economic and non-economic damages as compensation. Economic damages include tangible financial losses such as medical bills, lost wages, lost future income and costs of rehabilitation. Calculating these damages is relatively straightforward using pay records, doctor invoices and other documents. Non-economic damages, such as pain and suffering, emotional trauma and disfigurement, are quantified in more sophisticated ways. Our personal injury attorneys are highly skilled in the methods used for determining the value of non-economic losses.
Contact an Oklahoma product liability attorney for a free consultation
At Walsh & Franseen in Edmond we champion the rights of Oklahoma consumers who are injured by malfunctioning or otherwise dangerous products. Call our law firm at 405-843-7600 or contact us online to arrange a free case evaluation.
