Were You Injured By A Product You Thought Was Safe?

Consumers should be able to trust that the products they purchase are safe. Unfortunately, this is not always the case. At Thomson & Weintraub, LLC, we represent people who have been the unfortunate victims of a dangerous or defective product. Our clients have included victims of defective eye contact solution, defective knee and hip prosthesis and other defective medical devices, defective machinery, defective equine equipment and defective consumer goods.

Understanding Products Liability Claims

Products liability is a specialized area of injury law. The law recognizes that when a manufacturer or distributor places an unreasonable dangerous and defective product into the market place, it should be liable for all resulting harm caused by that defective product. However, proof of such is a complex and expensive undertaking requiring experience and resources.

A product can be defective in design, in the manner it was manufactured or in its failure to properly warn the end users of its potentially dangerous nature. When we handle a products liability case, we look for:

  • Design flaws
  • Manufacturing errors
  • Failure to give proper warnings
  • Failure to inspect

In some situations a manufacturer can be strictly liable for all injuries caused by its products' defects and in other situations it can be liable for breach of warranty.

Products Liability Law: A Complex Picture

The law in this area has become increasingly complex, involving the interplay between state laws protecting the public from injurious products and federal regulation of many products and industries, including medical devices, pharmaceutical products and regulations of the automotive industry.

While we all would assume that the goal of these laws and regulations is to protect the public from dangerous products, in truth, it is often the opposite. For instance, while the FDA must approve all medical devices before they can be marketed, the FDA does a poor job of screening many products. Yet, manufacturers all claim that once the FDA has approved their products, lawsuits against them for product defects are pre-empted. The issue of federal pre-emption is currently a hotly contested issue in products liability cases.

Because matters are so complex, it is critical that you work with a team of experienced attorneys that is familiar with these complex claims. Thomson & Weintraub, LLC, has experienced Bloomington product liability attorneys who have individually handled such claims to a successful conclusion.

We Will Clarify Your Options To Remove The Complexity

Feel free to email our products liability attorneys at tkelly@tnwlaw.com, or call our 24-hour injury hotline at 309-319-6884.