product liability injuries
Product liability claims are based on the doctrine of strict liability. To establish product liability, plaintiff must prove a manufacturing defect, a design defect or failure to warn.
A manufacturing defect is a product which “departs from its intended design, even if all possible care was exercised.”
A famous example of a manufacturing defect was when Toyota recalled millions of its vehicles for floor mat issues, brakes problems and “sticky” gas pedals resulting in unintended acceleration.
A product is defectively designed if “the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonably alternative design, and failure to use the alternative design renders the product not reasonably safe.”
The most famous example of a design defect case is the Ford Pinto back in the 1970s. Ford made a decision regarding the position of the fuel tank in the back of the vehicle. A safer tank location was technologically feasible, but reduced costs took over at the expense of safety.
A product is also defective if “the foreseeable risks of harm posed by the product would have been reduced or avoided by reasonable instructions or warnings, and their omission renders the product not reasonably safe.”
Failure to warn claims often arise from the consumption pharmaceutical drugs or use of medical devices. For example, a drug could be properly manufactured and designed but, nevertheless, causes seizures in certain people. The pharmaceutical company could be held strictly liable if it failed to properly warn the consumers of these side effects.
The Law Office of Danny Soong has unparalled experience in product liability litigation.
Attorney Soong recently represented a six-month old girl who was rendered a tetraplegic or a spastic quadriplegic following the receipt of her six-month vaccines. After litigating this matter on her behalf for nearly six-and-a-half years, Attorney Soong negotiated a settlement of twenty-five million dollars ($25,000,000) over her lifetime for his young client arising from her vaccine injury.
Please contact the Law Office of Danny Soong or 1toplawyer.com, if you or any of your loved ones have been injured by product liability.