Product Liability

Ohio Valley Personal Injury Attorneys
Product Liability

Product Liability

Defective or dangerous products cause thousands of injuries every year. Oftentimes corporations knew of the risks and chose to manufacture and aggressively market the product despite the dangers. Corporations that put profits over the safety of consumers need to be held accountable for their actions. You need a law firm experienced in handling product liability claims. You need GKT. We will demand accountability and seek justice for you.

At GKT, we have qualified attorneys that are ready to assist you. Even if you are unsure about filing a lawsuit, we can help you understand your legal rights and your options. We do not charge any upfront fees, and you owe us nothing until we win your case. If you have been injured, or a loved one injured or killed by a defective or dangerous product, contact our office today at (304) 845-9750 for a free consultation.

Current List of Dangerous Products

For information on the dangerous products we are currently investigating, please follow the links below. If you experience serious complications from a defective or dangerous product not listed, we may be able to help you. Contact our office today at (304) 845-9750.   

Roundup

Roundup is a broad-spectrum systemic herbicide and crop desiccant used to kill weeds, especially annual broadleaf weeds and grasses that can destroy crops. We are reviewing claims where individuals have used Roundup and were diagnosed with Non-Hodgkin’s lymphoma (NHL).

More Information about Roundup

Talcum Powder

There is evidence that women that have used talcum powder, i.e. Johnson & Johnson Baby Powder and/or Shower to Shower, have a higher incidence of developing ovarian cancer. We are reviewing these types of cases.

More information about Talcum Powder

JUUL Vape Device

JUUL vaping devices have come under scrutiny recently for a number of different reasons, including vape explosions, failure to disclose proper warnings about the highly addictive nature of their products, and the question of whether the company intentionally advertised their product to younger users.

More information about JUUL Vape Device

Product Liability Frequently Asked Questions

What is a “product liability” claim?

A product liability claim allows you to seek compensation for physical injuries and property damages that result from defective and unreasonably dangerous products. You can also seek compensation if the designer, manufacturer, and/or seller failed to warn consumers about the possible dangers of using the product.

When is a product considered to be defective?

A product that doesn’t provide a reasonable level of safety could be considered defective. Remember that older, more frequently used products aren’t necessarily expected to be as safe as newer products. Also, just because the safety of a newer model has been improved doesn’t mean the older product is defective. The court will consider factors such as: what a reasonable person should expect to do with the product; whether it’s packaged appropriately and safely; if the instructions or warnings were adequate; and how long it’s been on the market.

What does “defective design” mean?

Defective design describes a product blueprint that is unreasonably dangerous to consumers. Factors considered in determining a “defective design” are: the design being unreasonably dangerous to consumers prior to production; any plausible anticipation of harm to consumers; and a hypothetical, economically feasible, practical alternative design that would be safer than the original design.

Who is responsible when a product causes an injury?

If you used a product correctly yet were injured through no fault of your own, the manufacturer or seller may be held liable. You do not need to be the owner of the defective product to file a claim. (For example: a defect in a car owned by another driver that caused an accident you were injured in.)

What is the basis for “failure to warn” claims?

When a manufacturer fails to provide directions for the safe use of a product and/or warn consumers about the dangers of misusing it, a claim could be filed. For example, a manufacturer that sells a prescription drug without a warning that it may have side effects on people with certain conditions could be sued for failure to warn.

What kinds of claims can be filed for product liability?

A “negligence claim” requires a breach of duty by the manufacturer for failing to warn consumers against dangers that could occur from using the product. A “breach of warranty claim” states that the product has typically performed below the expected level represented to consumers. A “strict liability claim” states that manufacturers are legally responsible for injuries caused by their products, even if they weren’t negligent.

What type of damages or compensation can I recover?

You should be compensated for all injuries and losses that result from a defective product. Non-economic damages include compensation for pain, suffering, mental anguish, physical impairment, physical disability and inconvenience. Economic damages include compensation by payment for items like medical care, hospitalization, and loss of income or earning capacity. Experts most often testify in order to prove past earnings, determine future needs, and decipher other considerations to help generate a specific dollar amount.

What if I used the product in a way that wasn’t intended by the manufacturer?

Manufacturers are required to anticipate the possible uses of their products and could be responsible for foreseeable misuse if they haven’t warned consumers of the dangers associated with potential misuses, like altering the product. It must be determined that the way in which you used the product was a foreseeable misuse. If not, your claim could be affected.

If I was injured by a product that was recalled, do I still have a case?

When defective products are recalled, manufacturers or sellers are required to notify the public. Typically, consumers are advised to return the products for full refunds or replacements. However, a product recall does not absolve all liability of the designer, manufacturer, and/or seller. By law, only products that are intended safe by the user are to be designed, created and sold. If by chance you weren’t aware that a product was recalled and you were injured, you may still have a case.

Will my insurance premiums increase if I make an uninsured or underinsured claim under my own policy?

In most cases, your premiums will not increase. When you make a claim, it’s because the accident was the other person’s fault. Keep in mind that you’ve bought this coverage so it will be there when you need it.

If I file a personal injury claim, will the person who caused the accident have to pay me anything or spend time in jail?

A personal injury claim is a civil case, not a criminal case. So the person who caused the accident won’t go to jail or be fined because of your claim. In addition, most personal injury damages are paid by insurance and defended by lawyers who work for the insurance company.

Personal Injury Case Results

In an effort to educate potential clients about the work that we do, we have summarized a few of our cases. The following cases have been generalized in order to maintain confidentiality for all parties involved. Each case has its own set of facts, and the following settlements and verdicts have been obtained based on the facts and merits of each individual circumstance. Therefore, you should not equate the results in this section to be accurate with respect to your claim.

Confidential Settlement Amount. Drunk driving crash resulting in death.

Our client was hit head-on by a drunk driver and killed. The drunk driver was in the course and scope of his employment at the time of the crash. During our investigation, it was discovered that the drunk driver had multiple DUI’s on his record.

$19.6 million recovery. Coal mine explosion.

A violent explosion at a local mine tragically killed several workers and seriously injured others. We represented families of two of the deceased and two injured workers.

$3.6 million recovery. Product Liability. Unsafe drug causing death.

Our client took a prescribed drug and died. The manufacturer of the drug knew that the drug had dangerous side effects and failed to advise doctors and warn patients of risks associated with use. Settlement was reached prior to trial.

$2.4 million jury verdict. Police officer hit by drunk driver.

Our client was employed as a police officer for a city police department. While directing traffic, our client was struck by a drunk driver whose blood alcohol level was .18. Our client suffered trauma to his back, neck, and lower extremities. He also suffered from headaches, memory loss, and concentration difficulties. In addition, our client...
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$1.5 million recovery. Automobile accident.

While driving on the interstate, our client encountered heavy fog and pulled off the side of the highway leaving the lights on. While pulled off the side of the road, our client was rear-ended by a tractor-trailer, which resulted in an 11-car pile-up. Our client suffered blindness in her right eye, multiple fractures, tendon and...
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$1.4 million settlement. Automobile accident & Insurance bad faith.

Our client was injured in an automobile accident by an unknown driver who fled the scene. Our client filed a lawsuit against the unknown driver and made a claim against her own insurance under the terms of her uninsured motorist coverage. Our client repeatedly made requests that her own insurance company adjust her claim, but...
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$1.25 million recovery. Product Liability. Unsafe drug causing death.

Our client took a prescribed drug and died. The manufacturer of the drug knew that the drug had dangerous side effects and failed to advise doctors and warn patients of risks associated with use. Settlement was reached prior to trial.

$900,000 recovery. Automobile accident.

We represented a husband and wife that were hit head on by a tandem truck. The husband underwent multiple surgeries to repair fractures to his femur, hip, and mandible. Although the wife’s injuries were not as severe, she was diagnosed with post-traumatic stress disorder resulting from the emotional stress and anxiety of the accident.

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