DEFECTIVE & UNSAFE PRODUCTS
"Defective or unsafe products cause 29.4 million injuries and 21, 4000 deaths each year ."
- U.S. Consumer Product Safety Commission
Superior Pennsylvania Product Liability Injury Attorneys.
When you buy a product, you expect that it’ll work properly — not that it would hurt you. But that’s not always the case. Whether it’s a faulty airbag, an explosive e-cigarette, or inadequate earplugs, sometimes products do fail and cause harm. When that happens, you deserve compensation. Moreover, you need to hold the manufacturers responsible. That’s where we come in.
Our attorneys handle product liability and product defect claims. Product liability/product defect refers to personal injury claims involving design defects, manufacturing defects, or marketing defects in products. While the definition of “product” is quite broad and can include real estate and even pets, most product liability claims involve asbestos, consumer goods, pharmaceuticals, medical devices and other health products, and even motor vehicles.
Product manufacturers have a moral and legal responsibility to consumers to make and distribute products that are as safe as they reasonably can be. When injuries or death is the result of a breach of that responsibility, victims have a remedy in a court of law.
Have you been injured due to a defective or dangerous product? The best decision you can make to protect yourself after an injury is to enlist the services of Daly & Clemente. If you are a victim of a defective or dangerous product or if your loved one has passed away as a result of one, it is important to remember that the attorneys at Daly & Clemente are here to help.
Our attorneys at Daly & Clemente have a successful history of handling claims involving injuries resulting from defective products. While each case is unique and faces its own hurdles, our attorneys are committed to helping victims recover compensation for their losses. To learn more about how our attorneys may be able to help, please fill out our no-cost case review form today.
What is the basis for a Product Liability lawsuit?
State and federal laws establish safety standards for most consumer products. Despite this, however, defective products continue to find their way into the marketplace. Grounds for a product liability claim include:
Design Defects — Defects that occur during the design phase of a product can adversely impact the manufacturing process and make all of the products defective; injuries can occur even if the product was being used for its intended purpose.
Manufacturing Defects — Defects occur while the product is being manufactured or assembled, or when items leave a factory with missing or defective parts, which can result in serious injuries to unsuspecting consumers. Manufacturing defects are more readily identifiable than other types of defects, which is why many product liability claims are based on such flaws.
Marketing Defects — State and federal standards require products to have instructions about their proper use and/or adequate warnings about potential dangers. Product liability claims are often filed when products don’t contain adequate warnings or instructions.
Not all products are safe.
THAT'S WHY YOU NEED OUR EXPERIENCED ATTORNEYS
Companies have a simple duty: make sure whatever they produce is as safe as it is useful. However, in a mad rush to get to market, some companies fail to test their products or ensure that they are advertised safely. The result? Severe - or even fatal- injury.
If a company releases a product that is dangerous to users—without informing them of the risks of use—users have the right to pursue litigation against those companies. Our firm can help. When it is time for a company to be held accountable for its products, people turn to the product liability attorneys at Daly & Clemente.
At Daly & Clemente, we have the skills and resources to handle your product liability claim and a proven history of holding negligent manufacturers, designers and distributors accountable. If you or a loved one has been injured by a defective product, you need the powerful representation we are prepared to provide. We routinely collaborate with a respected network of design experts and engineers to build effective product liability claims and have a proven history of achieving successful outcomes inside or outside of the courtroom.
Whether you have been injured because of a design or manufacturing flaw or because the product lacked the necessary instructions and warnings, we will make sure you receive just compensation. Once we determine that you have a valid claim, we will conduct an extensive investigation to learn whether other individuals have suffered similar harm. If so, we can combine these claims into a collective action which can increase the likelihood of a significant recovery.
Typical Examples of Product Liability
Example: A transistor is improperly installed into a hair dryer, causing the unit to smoke and eventually burn up. The manufacturing defect poses a risk of electrical shock, as well as a fire hazard. If it causes a shock or a fire in your home, the manufacturer will be liable for injury and damages which result.
Example: A ladder is constructed of lightweight aluminum, which can bend, or cause the ladder to tip with little force. Even if every such ladder is assembled correctly, it will still create a dangerous situation for users of the ladders. Such a ladder is considered to have a design defect.
Example: A chemical, such as RoundUp, is provided to the public for use without proper warnings about its dangerous nature or adequate instructions about how to use it while avoiding those dangers.
Johnson & Johnson’s $8 Billion Risperdal Verdict
In October 2020, a Philadelphia jury found Johnson & Johnson liable for deliberately deceptive marketing practices of its anti-psychotic drug, Risperdal, after male plaintiffs developed gynecomastia, a condition that causes breast tissue growth in young males.
The plaintiff developed gynecomastia after starting the drug in 2003, at age 9, to treat symptoms of Autism. The lawsuit accused the company of falsely marketing the drug to children and failing to warn doctors of the side effects. Although Johnson & Johnson has a long history of litigation over Risperdal, the astounding $8 billion verdict was the first to award such punitive damages. There are currently 13,400 individuals suing Johnson & Johnson over the effects of Risperdal.
Monsanto's $2 Billion Verdict for
Cancer-Causing Weedkiller - Roundup
The agrochemical conglomerate, Monsanto, has faced thousands of lawsuits from plaintiffs claiming that the company’s infamous glyphosate-based weed killer, Roundup, causes cancer. Last year, the case of Johnson v. Monsanto was the first of its kind to go to trial, acting as a bellwether for the numerous pending lawsuits that were consolidated U.S. federal courts. In Johnson, the San Francisco jury awarded the plaintiff $39 million in compensatory damages and $250 million in punitive damages (the latter of which was reduced by the judge to $39 million). The jury found that Roundup caused the plaintiff’s non-Hodgkin’s lymphoma, finding that Monsanto failed to warn him and other consumers about the risks associated with its weed killer.
In 2019, another massive verdict was awarded against Monsanto on the same basis. In one of only three cases to go to trial in the matter, plaintiffs Alva Pilliod, and his wife, Alberta Pilliod, were awarded $2.055 billion in damages, $2 billion of which were punitive damages, after developing non-Hodgkin’s lymphoma. Unlike the other Roundup trials, the Pilliod trial was allowed to present evidence concerning whether Monsanto knew of the carcinogenic effects of its products and whether they purposely manipulated scientific experts and regulatory agencies.
KEEPING AN EYE ON THE HORIZON
Product liability lawsuits are important to keep watch on not just for the legal ramifications, but also for the consequences a defective product or device could have on one’s day-to-day life and well-being.
Although not all product liability lawsuits make it to trial, the ones that do provide insight into the future viability of other similar claims. Likewise, a substantially large verdict award can set the tone for litigation to come.
Johnson & Johnson and the Opioid Crisis
In another landmark case against Johnson & Johnson, an Oklahoma judge found the company liable for its role in the opioid crisis, ordering a judgment of $572 million in damages. The judge found that the award is representative of a year’s worth of drug treatment and other programs for the victims. Dozens of other states have since brought lawsuits against the company for its distribution and marketing practices of pain medication.
The trial of Johnson & Johnson marked a pivotal turning point for the opioid epidemic plaguing the country, which has resulted in over 700,000 deaths between 1999 and 2017. The lawsuit alleged that the drug makers purposely concealed the dangerous addictive elements of its products in an effort to increase sales. Johnson & Johnson, through its contracts with poppy-grower in Tasmania, is responsible for supplying 60% of opiate ingredients used in pain medications. Johnson & Johnson also made its own opioids through a subsidiary company, Janssen Pharmaceuticals, as well as its own patches of the potent opioid, fentanyl.
The court found that the company’s manufacturing and marketing practices contributed to the deaths of more than 6,000 Oklahomans who have become addicted to pain medications over the years. The court calculated the damages by estimating the costs involved in remedying the complex opioid epidemic in a state where 18 million opioid prescriptions were written between 2015 and 2018 for a population of 3.9 million.
With thousands of similar cases pending against Johnson & Johnson and other opioid manufacturers, the Oklahoma verdict is precedential and indicative of lawsuits to come. In fact, the Oklahoma trial likely contributed to Johnson & Johnson’s $20.4 million settlement with two Ohio counties prior to trial.
What is my case worth?
~ BREAKING DOWN THE VALUE OF A PRODUCT LIABILITY CASE ~
Every case is unique. To begin to calculate the value of your case involving an injury from a dangerous or defective product, you must determine every loss and expense incurred by the accident.
Our experience means that our firm is more able to accurately achieve the fairest settlement or jury award for your injuries.
When you suffer serious, long-term injuries it is important to work closely with economic experts to ensure that your compensation demand takes into account all future expenses and inflation. This allows our clients to resolve their cases knowing that they and their loved ones will be taken care of for decades to come.
POTENTIAL DAMAGES INCLUDED IN YOUR RECOVERY
Past & future medical expenses, such as: medication; therapy; diagnostic scans; treatment injections; and surgeries.
Specialized medical equipment.
Past & Future lost wages / lost earning capacity.
Past & future pain & suffering.
Embarrassment and humiliation.
Significant disfigurement and scarring.
Past & Future loss of enjoyment of life and life’s pleasures.
Other injuries and damages suffered as a natural and probable result of the said personal injuries.
Leg impalement in a forklift accident in the workplace.
Settlement with multiple defendants.
Traumatic brain injury from a slip & fall on ice in an office parking lot.
Confidential settlement with multiple defendants.
Burn injuries from a defective and dangerous consumer product.
Confidential settlement with multiple defendants.
Wrongful death resulting from negligent security.
Settlement with multiple defendants during trial.
Fractured ankle on defective premises.
Settlement on eve of trial with a waiver of workers comp lien.