There are millions of products in our daily lives. Though it doesn’t happen often, sometimes a defective product is sold to the public. Toys, appliances, furniture, cars, cosmetics and more—anything can be a hazard due to poor design, manufacturing or inferior warning labels.
Examples of defective products include:
Automobiles (or their components)
Elevators & Escalators
Health Products (pain relievers, contact lens solution)
If you’ve been injured by a defective product, don’t assume it was your fault. And don’t let anyone else suffer the same fate. We will help you get compensated for your injuries, while helping to ensure the product is removed from public consumption.
Sometimes big corporations are so anxious to put new products on the market, they often forget – or deliberately ignore – the need to make those products safe. Dangerous products can and do cause serious injury and even wrongful death
At Edward M Bernstein and Associates, our team of personal injury attorneys has been involved in product liability litigation for more than 30 years, and we are familiar with the physical, emotional and financial damage that a defective product can cause. If you have been injured or lost someone because of a dangerous product, you have the right to file a claim against the supplier or manufacturer of the product.
Assume Products Are Safe? Are you sure?
In the course of our daily lives, we use a number of products. When used as directed, we rightly assume that the products we use are safe and reliable. Unfortunately, thousands of people are injured or killed each year because of dangerous products – from automobiles to medical devices to pharmaceutical drugs and supplements.
The Consumer Product Safety Commission reports over 22,000 deaths and 29 million injuries related to consumer products each year. Annually, consumer products cause more than $500 billion in deaths, injuries and property. We frequently hear of product recalls because of safety and design issues in motorcycles, ATVs, snowmobiles, children’s toys and pajamas – even food, such as peanut butter.
If you were injured by a dangerous product, or if a loved one was seriously injured or killed, it is possible the same product harmed other consumers. At Edward M Bernstein and Associates, we have the legal resources necessary to pursue class action lawsuits.
Product liability cases may include:
Automotive defects: Defective air bags, seat-belts, car doors, SUV rollovers and car fires that result in paraplegia, quadriplegia or spinal cord injuries.
Defective tires: Poor materials or manufacturing processes that result in tire blowouts or tire recalls that result in paraplegia, quadriplegia or spinal cord injuries.
Unsafe baby equipment: These include defective baby car seats, swings, cribs and playpens.
Defective safety equipment: Unsafe filtration systems that can cause asbestos, silicosis, welding rod claims, and other life-threatening health hazards.
Defective mechanical equipment: Conveyor belts, elevators, boilers, forklifts, bulldozers, valves, and other defective machines and equipment that does not function properly.
Defective tools: such as saws, sanders and lathes that do not function properly.
Any improperly designed or manufactured product can lead to devastating injuries.
In addition to the cases listed above, Edward M. Bernstein and Associates litigates cases where defective products have caused paraplegia or quadriplegia as a result of spinal cord injuries. Each paralyzed victim has special medical needs, housing needs and a need for emotional support. We have the resources to have you, or someone you love, evaluated by doctors who concentrate on the treatment, rehabilitation, and evaluation of spinal cord/paralysis injury.
Early investigation of products liability claims can be vital. Appropriate steps to preserve physical evidence, investigate relevant scenes (i.e. fire losses), and take witness statements are all essential to success. Physical evidence needs to be evaluated by a well-qualified expert as soon as possible. Photographs and videotapes of the product or scene should also be taken as soon as possible. Witness statements need to be taken promptly in order to preserve critical evidence.
At Edward M. Bernstein and Associates, we stand ready to represent you and to promptly take the action necessary to gather and preserve important evidence in order to obtain a successful outcome on your behalf.
Negligent Product Design
One of the most common defective product claims involves negligent design. These cases involve the design decisions made by the manufacturer during the creation of the product.
To prove that the manufacturer failed to exercise reasonable care, the injured person must demonstrate that the product created an unreasonable risk or foreseeable injury.
Negligent Product Manufacturer
In contrast to negligent design cases, a negligent manufacture case focuses on the actual product. The key question is whether the product that caused injury was different from the intended condition.
Even though the focus is on the product, the injured person must still show that the manufacturer failed to manufacture its product so as to eliminate any unreasonable risk of foreseeable injury.
If you have a legal question or would like a free legal evaluation of your claim, fill out the online request or call our office at (702) 240-0000.