At Baron & Herskowitz, we represent individuals who are injured by defective or unsafe consumer products. We believe that manufacturing companies have a responsibility to consumers and when products cause injury or harm, we take it upon ourselves to hold the manufacturer accountable. If you believe that your injury was caused by a defective or unsafe product, contact us today.
When consumers are injured because of a product defect, which may include defective design, manufacturer errors, or improper instruction, they have the right to seek redress from the manufacturers and sellers of that defective product. Prompt investigation and preservation of evidence is important in product liability cases. If possible, keep all parts of the product and document any injuries with photographs.
Types of Defective Products
At Baron & Herskowitz, we represent individuals in claims involving any number of defective products, including (but not limited to):
- Auto Defects: Each year, thousands of accidents are caused or worsened by defective auto parts and faulty safety equipment. Examples of defective auto parts include tire blowouts, faulty brakes and defective airbags that fail to employ upon impact.
- Defective Children’s Products and Toys: Manufacturing companies that make toys and other products for children have a big responsibility. When these products cause injuries such as choking injuries or suffocation injuries, the manufacturing company should be held accountable.
- Defective Drugs: Each year, several prescription and over-the-counter medications are recalled due to serious adverse events such as heart attack, blood clots and death. Serious side effects of medications aren’t usually discovered until thousands or sometimes millions of patients are prescribed with the drugs and put at risk.
- Defective Medical Devices: Millions of patients across the U.S. depend on medical devices to keep them alive. When problems arise, such as pain pumps that administer too much or too little pain medication, patients can suffer serious, life-altering injuries and death.
- Industrial Products: A design defect, failure to warn, or a defect in the manufacturing process of industrial products can cause large commercial and construction vehicles to be unstable or unsafe to an unsuspecting operator. This has been known to occur in variety of large mechanical products that cause hundreds of preventable accidents each year.
- Chemical and Toxic Torts: Toxic torts involve exposure to chemical substances to individuals who come in contact with such harmful materials. Exposure to toxic chemicals can cause an individual to suffer sometimes fatal, debilitating, and/or other serious long-term health problems.
Who is Liable?
When a person is injured by a product, he or she may have legal grounds to sue the persons who designed, manufactured, sold, or furnished that product. A person’s cause of action may be based on the following:
- Negligence: A manufacturer may be found negligent if lack of reasonable care can be found in the production, design or assembly of a product.
- Breach of Warranty: Breach of warranty occurs when a seller of a product fails to fulfill the terms of a promise, claim or representation made about the quality of a product.
- Misrepresentation: If a company misrepresents the benefits or safety of a product through advertising or marketing efforts and if the plaintiff can prove that he or she relied on that specific information and was injured as a result, he or she will have grounds to file suit.
- Strict Liability: Strict liability involves extending the responsibility of the manufacturer or vendor to all persons who may have been injured by the product.
Contact Baron & Herskowitz about a Claim
If you believe that you or someone you love was injured by an unsafe or defective product, contact the Miami personal injury lawyers of Baron & Herskowitz. Cases involving product liability are very complex and take a certain skill and experience level. At Baron & Herskowitz, we have the experience, the knowledge and the resources you need. Contact us to schedule a consultation to discuss your claim.