Product Liability Lawyers

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.

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

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.