Injuries from Defective Products

Injuries from Defective Products

 

The drug company that made and sold Vioxx has paid over $1-billion dollars to settle lawsuits brought by plaintiffs who claimed the product was defective, and caused injuries about which they were never warned.

  • The much-criticized McDonald’s “hot coffee” case was based, in part, on the claim that the coffee was sold at too high a temperature and customers weren’t warned that burns and scarring could result if the coffee was spilled. 
  • Both the Vioxx and McDonald’s cases are examples of product liability claims permitted under New York law.  In its simplest form, a defective product is a product that is not safe for its intended use. 
  • Defective product claims can rely on multiple theories including a mistake in the design of the product, improper manufacture of the product, or a failure to give sufficient warning of the dangers related to use of the product. Contact attorney Tim Higgins at Lemire & Higgins, LLC at 899-5700 or tjh@lemirejohnsonlaw.com.  The call and consultation are free.  There is no attorney’s fee unless L&H recovers money for you. 
  • Most product liability lawsuits must be filed no later than 3 years after the date of the accident and injury.  Longer time limits apply to claims if a child has been hurt because of the defective product.      
  • Even an accident that happened at work, which usually entitles the injured worker to workers' compensation benefits for lost wages and payment of medical expenses, can result in a product liability lawsuit if the defective product was manufactured, sold or serviced by a company other than the employer.  In factories, mills and warehouses, workers are often at the mercy of the machines they operate.  
  • Product liability cases are complicated and require prompt investigation.  Too often, the defective product is thrown away or destroyed, which cripples the injured worker’s chance to build a strong case against the potential defendants. 
  • An experienced personal injury attorney can ensure the proper investigation is done and that all necessary evidence is saved and kept safe in case it’s needed at the time of trial. 
  • If you suspect a defective product has caused injuries, contact attorney Tim Higgins at Lemire & Higgins, LLC  at 899-5700 or tjh@lemirejohnsonlaw.com.  The call and consultation are free.  There is no attorney’s fee unless L&H recovers money for you.