What is a Product Liability Lawsuit?
If you were injured as a result of a defective product, you may be able to seek compensation for injuries and/or lost wages through a product liability lawsuit.
This type of lawsuit will be based on state law and they’re generally brought under the theories of breach of warranty, strict liability or negligence.
Famous product liability lawsuits
In 1992 an elderly woman purchased a cup of coffee when she and another person visited a McDonalds drive-through in Albuquerque, NM. The woman was sitting in the passenger seat at the time and when she removed the lid to add cream and sugar, the coffee spilled into her lap. Court documents state she was wearing sweatpants when the spill occurred, and the coffee was so hot that it seeped through the fabric and caused third-degree burns. Her injuries were so extensive that she required skin grafts. When she sued McDonalds, a jury awarded her close to $3 million in punitive damages.
Phillip Morris was sued by a Newport Beach, CA woman in 2002. Why? The woman said that she may not have developed lung cancer had the cigarette manufacturer provided accurate warnings about the dangers of smoking. A jury awarded her $28 billion in damages.
What to do if you think you have been a victim of product liability
If you’ve been injured by a product due to a design defect, a manufacturing defect or a marketing defect, the first thing you’ll want to do is to seek medical treatment. This will allow a doctor to determine the type and extent of the injuries you sustained.
As we mentioned in our previous blog post, be sure to document everything. Write down dates and times of appointments and be sure to hold on any and all receipts you have relating to your medical care. The cost for doctor’s visits, emergency room care, medications, physical therapy and other types of long-term care are important track. This will be extremely helpful for your personal injury attorney should you decide to move forward with a lawsuit.
Personal injury attorney in Naples, FL
If you have questions about how product liability lawsuits work and/or you’d like to find out if you might have a case, call The Law Offices of Marc L. Shapiro, P.A. today at 239-649-8050 for a free consultation. Our firm works with clients throughout the state of Florida.