Suffering a personal injury can put you at a serious disadvantage. No one expects to get hurt, and there is no way to plan your response in advance to an unexpected situation. Injured people can’t always fight for themselves because of this disadvantage. Major manufacturers, marketing organizations, and their insurers, however, can and do plan their response to your injury long before it occurs. They have little incentive to offer you fair and just compensation for what has happened to you.

Product liability lawyers exist to redress the balance of power between the injured and those that have done harm. They have the power of knowledge of the legal system, knowledge of the types of personal injury claims that exist and their value, and experience with big business and big insurers. They possess the negotiation skills that help put this power into your hands, and can work to get you a settlement that is often better than any compensation you could negotiate on your own, or take your case to court if necessary. A personal injury can seriously affect your future as well as your current day-to-day activities. You deserve the counsel and protection of a qualified, experienced personal injury law firm that knows how to deal with these claims. We probably have experience with your type of personal injury, and can help you understand the value of your personal injury case and how best to proceed. Call Products That Hurt at 1-866-660-8082 or contact us right now and find out if you have a case today.

Industry regulation requires that drug and product advertising not be false, misleading, or lacking in fair balance. These regulations are the reason for the “fine print” in product and drug advertising. Manufacturers are understood to have a duty to promote correct use of their product to prevent harm to consumers, and they have a duty to warn consumers of any risk or potential harm that could be caused by their product. If a company knew its product could cause injury and failed to warn users of the product, they are considered to have failed in their duty as a reasonable manufacturer, because a reasonable manufacturer would have heeded industry regulations. A company’s concealment of their knowledge of a product’s danger or defect also may create product liability.

A doctor or other health care provider can be liable for the negligent prescription of a medication or medical device if he either ignored the manufacturer’s instructions, prescribed an incorrect dosage, or gave incorrect dosage instructions. A doctor is considered by the courts to be a “learned intermediary.” As a “learned intermediary,” the doctor’s medical knowledge and training in combination with the information provided by a pharmaceutical or medical device manufacturer should place him in the best position to determine whether a drug or device is proper in the treatment of a particular medical situation. The doctor has a duty to provide reasonable care to the patient, and to ignore this duty is negligence.

Strict liability is when it has been proven that a product was defective in a way that contributed to personal injury. A manufacturer of a product proven to be defective may be strictly liable for any harm caused by the product.

The U.S. Food and Drug Administration will classify a drug or medical device recall as Class I if there is a reasonable probability that the use of or exposure to a violative product will cause serious adverse health consequences or death. Class I is the most serious recall classification and usually indicates a serious threat to public health or safety.

The U.S. Food and Drug Administration will classify a drug or medical device recall as Class III if use of or exposure to a violative product is not likely to cause adverse health consequences.

A manufacturing defect is one that occurs during the construction, production, or assembly of the product while it is in possession of the manufacturer. A circuit board that is incorrectly wired, a sneaker sole that is improperly attached to the fabric of the shoe, or an over-the-counter drug that is combined with the wrong amount of ingredients would be examples of manufacturing defects.

A tort is a civil wrong recognized by law as grounds for a personal injury lawsuit. Wrongs resulting in an injury or harm constitute the basis for a claim by the injured person, called the plaintiff. While some torts are criminal in nature and can result in punishment, the first aim of tort law is to provide relief of the injury or harm done the injured party, and to deter others from committing the same wrongful acts. An injured person may sue for monetary damages or even an injunction to prevent the continuation of the wrongful conduct. Among the types of damages an injured person may recover for are:

• lost earning capacity,
• reasonable medical expenses,
• permanent impairment,
• compensation for lost property,
• and pain and suffering.

These damages can include both present and future expected losses.

Intentional and Negligent Torts

When a person intends to commit a wrongful act, which results in damages and personal injury, they are said to be guilty of an intentional tort. These wrongs are committed when an individual knew or should have known harm would occur. Intentionally striking another person would be an example of an intentional tort.

When a defendant’s actions are unreasonably unsafe, they are said to be guilty of a negligent tort. Causing an accident by failing to avoid traffic rules, such as speeding through an intersection, would be an example of a negligent tort. A personal injury attorney can explain tort laws that might be applicable to your specific situation and advise you of your rights and responsibilities in regards to your lawsuit.