Product Liability Lawsuit Facts

If you or someone you know suffered harm as the result of a defective product, consider seeking the help of a legal expert to see if you should begin a product liability lawsuit. If you do, let LawCapital extend financial reprieve as you await your settlement.

Product liability, or products liability, is a body of law meant to protect consumers from unsafe products, or products that are not capable of serving the purpose for which they are sold. Depending on state and local laws, product liability claims are generally brought under three main theories: design defects, manufacturing defects, and marketing defects.

A design defect is a flaw in the basic architecture of the product which makes it dangerous to use as intended, or for a reasonable and foreseeable alternate use. A prime example of this is the July, 2009 recall of about 88,000 Blue Ember Gas Grills in the U.S. The fuel supply hose of this gas grill was located too close to the firebox and resulted in 161 reported grill fires.

Read about the Blue Ember Gas Grill recall

A manufacturing defect is a mistake or cost-cutting measure made in the production of an otherwise well-designed product which causes it to be unsafe or unsuitable for the intended purpose. Violations of the Federal Lead Paint Ban in children’s toys and “bargain-priced” import items fall under this theory.

Marketing defects usually refer to improper warnings or instructions regarding the safe use of a product. Television commercials for Yaz, a pregnancy prevention and acne treatment drug, airing in the summer of 2009, cite a U.S. Food and Drug Administration request to correct some possible misconceptions about the safe use and efficacy of the drug. This is an example of a company pro-actively preventing product liability claims.

Experience

When Leah Nguyen, 45-year-old member of a Vietnamese-American Catholic tour group, boarded a charter bus in Houston, TX, she expected a spirit-filled trip to the Marian Days religious festival in Carthage, MO. After dozing off, she awoke to noise and screaming. An illegally treaded bus tire blew and caused the vehicle to skid into a guardrail and tip over about 65 miles north of Dallas, TX. Of the 55 passengers, 15 died and dozens more were injured. This 2008 accident was the nation’s deadliest bus crash since 2004.

Action

Many people that are involved in product liability lawsuits eventually face financial hardships. Many can’t work and the legal process is long and drawn out. Some cases take many years to resolve. LawCapital specializes in the funding of settled and pre-settled product liability lawsuits. During the funding process, LawCapital requests some of the case documentation, underwriting evaluates the lawsuit to determine whether funding can be extended, and if approved, a contract is issued for the injured party and his/her attorney to sign. The injured party’s attorney then repays the lien when the case is resolved. All funding is non recourse, which means that if for any reason, there is no recovery on the case, then no money is owed back.

Information about product-specific liability issues (Consumer Products and Safety Commission) 

Information about product-specific liability issues (Food and Drug Administration)