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Product Liability FAQ

  1. What is product liability?
  2. How do I prove a product is defective?
  3. Do I need a lawyer in a product defect case?
  4. How do I know if I have a product defect case?
  5. If I was seriously injured by an appliance that is more than two years old, is the product too old for me to file a claim?
  6. I suffered serious burns from my child’s bottle warmer. Who I do sue for damages?
  7. My injury was caused because the product label on a household item did not give me instructions on how to use it - do I have a case?
  8. What other kinds of product defects are there?
  9. I was injured by a defective kitchen appliance – my injuries weren’t that bad, so I don’t know if I really want to sue the manufacturer.  Why should I bring a claim?
  10. I’ve heard that product liability cases are really expensive to prosecute – is it really worth it to file a claim?

1. What is product liability?

Product liability occurs when companies manufacture products with defects or produce them in such a way that causes harm to consumers. Companies are responsible for compensating consumers when defective products result in injuries, loss of life, or property damage.

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2. How do I prove a product is defective?

Proving that a product is defective can be complicated - scientists, engineers, and other experts must conduct a thorough evaluation. The product's design, patenting, and manufacture must be reviewed, along with the applicable industry and governmental standards.  An experienced product liability attorney works with the consulting experts to identify who is to blame for the defect before preparing the case.

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3. Do I need a lawyer in a product defect case?

Yes. Product defect cases are very complex and require extensive expertise from scientists and engineers.  You need an attorney who understands the appropriate laws, can identify suitable expert experts to consult on your case – and has sufficient knowledge of the product defect to properly present the facts in court.  Contact the attorneys at Gordon & Doner by calling 1-800-659-1159 and we can assess your case to determine if it has legal merit.

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4. How do I know if I have a product defect case?

If you have been injured and you think your accident was caused by a defective or malfunctioning product, contact a Gordon & Doner attorney at 1-800-659-1159.  We can review the facts of your case and advise you whether it has legal merit.  These cases can be complex, so it’s worth your time to consult with an experienced attorney – we will not charge you to prosecute your case unless we recover damages for you.

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5. If I was seriously injured by an appliance that is more than two years old, is the product too old for me to file a claim?

No. A product defect claim must be brought within two years of the time when the accident occurred, regardless of the actual age of the product.  So as long as your accident happened within two years, the product can be five, ten or even fifteen years older.  Contact a Gordon & Doner attorney at 1-800-659-1159 immediately to review your case.

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6. I suffered serious burns from my child’s bottle warmer. Who I do sue for damages?

You may be able to prove that the manufacturer made a defective product - and if your claim is successful, the manufacturer will be responsible for paying any damages awarded to you, including medical bills.  The attorneys at Gordon & Doner can help evaluate the circumstances of your injury, assess whether your case has legal merit and advise you on next steps. Contact us at 1-800-659-1159 today.

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7. My injury was caused because the product label on a household item did not give me instructions on how to use it - do I have a case?

Improper labeling, insufficient instructions, or the failure to warn consumers of a product's hidden dangers are all considered marketing defects. A misrepresentation of what the product may be used for can also be grounds for a product defect claim.  Contact a Gordon & Doner product liability attorney at 1-800-659-1159 so that we can provide advice specific to your case.

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8.  What other kinds of product defects are there?

There are three main types of product defects.  A design defect is a flaw with the actual product design – for example, a cooking pot designed without a safety handle.  A manufacturing defect is a problem that occurs when the product is being produced – for example, when a factory worker neglects to assemble the product components correctly.  A marketing defect is a flaw within the instructions or labeling of the product.

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9. I was injured by a defective kitchen appliance – my injuries weren’t that bad, so I don’t know if I really want to sue the manufacturer.  Why should I bring a claim?

Even if your injuries don’t seem “that bad” you should consider that other consumers are likely to be injured as well. Your decision to pursue a claim could influence the manufacturer to fix the defect and prevent others from suffering the same injury.  Consult with an experienced product liability attorney at Gordon & Doner by calling 1-800-659-1159. We will assess your situation and advise you of your legal rights – so you can make an informed decision about whether to pursue legal action.

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10. I’ve heard that product liability cases are really expensive to prosecute – is it really worth it to file a claim?

It’s true that product liability cases, because they are complicated, may incur significant legal expenses.  However, you will not be charged by the law firm of Gordon & Doner unless we recover damages for you. It is worth a phone call to speak to one of our attorneys who can assess your case. Contact us at 1-800-659-1159 for an evaluation today.

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For more information, please see the following related pages on our website:
Dangerous Toys
Product Liability

Our Results
We thank our co-counsel and clients for the confidence they have placed in our personal injury attorneys. Successes such as these have helped bring dignity to the lives of our clients:
  • $20.6m Verdict for brain-injured man hit by a thrown hammer.
  • $6.0m Recovery for man who suffered brain injury and paralysis after collision with Blood Mobile.
  • $5.0m Verdict against contractor for drowning of child.
  • $4.9m Verdict for the family of a 23-year old woman killed in a tractor-trailer accident.