Knowledgeable Chattanooga Defective Product Attorneys Provide Answers to Common Questions
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Despite product testing, clinical trials, and quality control assurance, faulty consumer products and medications enter the U.S. market every year. If you or someone you love experienced the ill effects of a poorly made product, you probably have a lot of questions. At Wagner & Wagner Attorneys at Law, our Chattanooga defective product attorneys are here to give you the answers you need.
What are examples of defective drugs?
A defective drug is a prescription or over-the-counter medication that causes more harm than good. Even tested, FDA-approved medications can turn out to be dangerous to consumers. For example, anti-depressant medications such as Paxil, Lexapro, and Prozac have been the subject of litigation for causing suicidal thoughts in patients. The blood thinner Xarelto has caused severe bleeding in many patients. Certain medical devices may be defective, too – such as transvaginal mesh, which can cause organ damage. The list goes on and on.
What are examples of defective products?
The range of defective products is similarly extensive. You could have a defective car part, such as the exploding Takata airbags that were recalled in 2016. Defective drop-side cribs that could come down on their own were a source of major issues several years ago. Many consumers have gotten injured purchasing food that has been spoiled and caused them to develop serious food poisoning. Remington rifles with fault fire control systems led to several lawsuits in the mid-1990s. Consumer products of all varieties are capable of being defective.
When should I consider filing a legal claim?
If you or a family member was hurt after using the product, you may have a claim against the creator, manufacturer, or retailer. To pursue a legal action, you or your loved one must have suffered harm with tangible damages.
What must be proven in a product liability claim?
There are a few basic elements to prove in a defective product case:
- The product is defective
- You were injured or suffered losses
- The defect caused your injury
- You were using the product as it was intended
The particulars of these elements vary according to the theory of liability your Chattanooga product defect lawyer employs. For example, if your attorney decides to file suit under the theory of strict liability, you simply need to prove that you used the product and the product caused the injury. If you are filing a claim based on negligence, you must show that the manufacturer was at fault and that they were negligent in making the product. Under breach of warranty law, you can file a claim when the manufacturer or retailer did not uphold their end of a warranty—you do not have to prove fault.
How can I prove I was hurt by a defective product?
Your attorney starts by performing a visual inspection of the product in question and reviewing the health issues caused by the defective product. Your lawyer will most likely try to discover if any other people were harmed by the same medicine or product. Medical experts, scientists, and experts in other fields relating to the claim may also be called upon to assess the situation. The idea is to show how severely you were harmed, what degree of negligence there was, and if the manufacturer or retailer was engaged in illegal activity.
What if a family member dies as the result of a defective product?
When defective products lead to untimely death, surviving family members can seek compensation through wrongful death claims.
What if a product is recalled?
If a product is subject to recall, the manufacturer is not necessarily admitting fault for any subsequent injuries caused by the product. They are simply removing it from the market and maybe offering to fix the product (say, in the case of a defective auto part). The fact that the recall occurred, however, could help your case.
On the other hand, if your defective product was not the subject of a recall, you may still have cause for a product liability claim.
What can I do to protect my defective product claim?
First, save the product in question. Do not throw it away. Second, make sure you have the names and phone numbers of witnesses. Next, save all your medical bills and records. Avoid posting anything that may hurt your claim on social media. Defer all questions to your attorney and do not speak to the negligent company directly.
Call a seasoned Chattanooga product liability attorney right away
Victims of dangerous drugs or faulty products should speak with a lawyer as soon as possible. Delays can potentially hurt your claim. Wagner & Wagner Attorneys at Law is a powerful law firm in Chattanooga that offers personalized service. Our experienced Chattanooga product liability attorneys have helped local families protect their legal rights since 1945. Call us today at 423.799.3532 or fill out our contact form. We represent residents of Chattanooga and Cleveland, TN, North Georgia, and all the surrounding counties.