What is Products Liability?

Products should meet the ordinary expectations of consumers. If a product is defective and dangerous, then the manufacturer and seller can be held accountable for any injuries or deaths that result. There are a number of different types of products liability cases.

Defective in Design: In a design-defect case, the dangerous product is in the condition intended by the manufacturer, but the design itself is unsafe.

Defects in Manufacturing: In a manufacturing defect case, the product’s design was safe, but the way the product was actually manufactured did not comply with those designs. The result is an unsafe product.

Defective Warnings: Some products are highly useful but “unavoidably unsafe” because there is no way to manufacture the product in a safer way while retaining its useful characteristics. In these cases the manufacturers are required to warn the consumers about the potential dangers of their products. For example, many medicines are “unavoidably unsafe” because even if they work properly they produce side effects. In these cases, the manufacturer is liable whenever it fails to attach proper warnings and instructions regarding those side-effects.

Simon Passanante Is an Experienced Products Liability Law Firm

Our firm is well known for its success in handling product liability claims. In the past, our cases have involved a wide array of products, including defective factory and construction equipment, harmful drugs, hazardous chemicals and dangerous recreational equipment. In addition, we’ve handled medical device product liability claims both individually and as class actions. In the last five years, we’ve also litigated a number of complex automobile defect, crashworthiness, and tread separation cases against large corporations such as Ford Motor Company and Bridgestone/Firestone.

We’ve handled cases large and small, simple and complex, against a range of manufacturers and distributors in distinctly different industries, both in and outside the United States. If you are looking for a firm willing to take on a challenging case against a powerful corporation, we encourage you to take a close look at our track record. In the past, some of our product liability cases have won record-breaking verdicts for our clients against some of the largest companies in the country.

Common Product Liability Cases
Although products liability cases can occur with regards to almost any product, the list below details some of the most common.

Defective Motor Vehicles
Badly designed motor vehicles sometimes cause accidents and injuries. For example, manufacturers have a legal duty to make their vehicles “crashworthy,” but manufacturers often put money ahead of safety. The result is that people are hurt that should not have been. At Simon Passanante, we have handled cases involving many types of motor vehicle defects, including defective seat belts, inadequate suspension and deficient structural integrity. (Defective Motor Vehicles)

SUV Rollovers
SUV rollovers happen on the roadways everyday. They are sometimes the result of unstable SUVS produced by manufacturers who cut corners to reduce the cost of an SUV or to get it to market more quickly. These types of accidents often cause severe, permanent injuries. At Simon Passanante we have successfully represented numerous individuals and families who have been injured in such vehicle rollovers.

Defective Tires
Defective tires and wheels on motor vehicles kill and injure hundreds of people each year. Tire treads that separate can cause the tire to explode and the vehicle to crash. At Simon Passanante we have successfully handled a wide variety of tire and wheel defect cases.

Medical Devices
Medical devices, ranging from pacemakers to hip implants can be a lifesaver to sick people, but defective devices can also cause tremendous suffering. Many medical device cases require an attorney’s trained eye to determine who is responsible. Medical device cases can occur in a variety of contexts, including pacemakers, hip implants, and temporomandibular joint (TMJ) implants. At Simon Passanante we have handled medical device claims as both individual cases and as class actions, and we have extensive experience in holding the responsible parties accountable.

Prescription Drug Side-Effects
Prescription drugs are perhaps the most common and well known category of defective products. In some cases, manufacturers rush a drug to market without adequate testing. The manufacturers promise the drug is safe and helpful, but in reality it leads to illness and harm. For example, Bextra and Vioxx have recently been associated with an increased risk of heart attack and stroke. Ephedra and Fen-Phen have also been associated with severe health problems.

Pharmaceutical cases can be complex and difficult, and the defendant is often a big business with tremendous wealth. At Simon Passanante our lawyers have the experience, dedication, and resources necessary to take on the manufacturers of dangerous drugs.

A Closer Look at the Law of Product Liability

In Missouri, plaintiffs injured by a dangerous product may be able to sue the manufacturer of the product based on three distinct legal theories: strict liability, negligence, and breach of warranty. The most commonly used products liability theory is “strict liability.”

Strict liability applies whenever a manufacturer defectively designs or manufactures a product or fails to warn of a product’s danger.

To prevail in court, a plaintiff must prove that the product was both defective and unreasonably dangerous. The plaintiff must also prove that the product was being used in a “reasonably anticipated manner.” This means that plaintiff must prove the manufacturer should have been able to anticipate their product would be used as the plaintiff used it. Next, the plaintiff must prove that when he or she was hurt, the product was in the same condition as when the product was sold. Finally, a plaintiff must establish that the defective product was the cause of his or her injuries. In cases in which the jury believes that the plaintiff was a partial cause of the injuries, the plaintiff may still win the case. In these situations the damages are reduced in accordance with the plaintiff’s level of fault.

Investigating and Litigating Products Liability Suits

As explained above, a plaintiff in a products liability case must first prove that the product is defective. This is the most difficult and important aspect of a products liability lawsuit. Showing that a product is defective requires the services of a variety of experts and a product liability attorney who knows how to effectively gather and organize complicated and crucial information.

Whenever we bring a claim against a product manufacturer, that manufacturer already knows everything that there is to know about that product, but consumers do not. Because we must start out from ground zero, we work hard to develop that evidence quickly. Each product has a history, and we work to discover it. At some point in the past, a group of people sat down and came up with the idea for the product. The idea was then developed by putting it on paper or doing computer design work. Every single component part for every product, was analyzed, discussed, documented and cross-referenced with a cost analysis.

These steps, decisions, meetings, memos and conversations are what we investigate. We ask questions like: How was the product designed? What considerations went into the final decisions? Did anyone, during the manufacturing process, express concerns or doubts? Has this product hurt others? To get these answers we put the people who made the decisions regarding engineering, safety and cost front and center. We take their depositions so that we can ask them, face-to-face, why they made the decisions they did, to find out why decisions related to the design and safety of the product were made.

By working hard and relying on the experience of our skilled attorneys, we get the information we need to hold the responsible parties accountable. This information is then used by our trained and trial tested attorneys in court.

Why Should I Call Simon Passanante?
There are several reasons to call Simon Passanante.

First, we understand that anyone who calls us about a products liability case is going through a very hard time. We will work hard to evaluate your case with compassion, and if you have a claim, we will work to enforce the rights of you and your loved ones. We understand that no amount of money can truly compensate you for your injuries, but we will fight to get you the money you need to meet the heavy financial burdens that accompany a serious injury or a death.

Second, even if you qualify for damages, the law limits the amount of time for bringing a lawsuit. Waiting too long to contact an attorney may jeopardize your ability to you’re your day in court.

Finally, at Simon Passanante we handle cases on a contingency fee basis. That means that we only charge you a fee if we are successful in recovering an award for you. Our fees are based on a percentage of any recovery we obtain for you. Additionally, clients may be responsible for costs/expenses, but in most cases these are deducted from the recovery at the conclusion of the case.

For more information, see our pages on motor vehicle defects, dangerous punch presses, drug/supplement side effects, asbestos exposure, and benzene exposure.

There are numerous types of products liability cases because there are numerous products. What is a product? It can be any tangible thing that is manufactured. Products include automobiles, toys, vitamins, drugs, industrial machines, household cleaning supplies, and many other kinds of manufactured goods. What follows is a non-exhaustive list that covers numerous additional types of products:

Automobiles
Roll-over
Roof Crush
Glazing (lack of safety coating on windows)
Seat Belt
Tires
Tread separation
Air bag failure
Door latch

Work-related products and machinery
Printing presses
Punch presses
Drill presses
failures
Safety equipment failures
Ladders
Welding equipment
Machine malfunctions
Breathing equipment.
Farm equipment
Machine control failures (electrical and hydraulic)
Metallurgy failures
ATVs (all terrain vehicles)
Any other industrial equipment involving a failure to guard, activation *** or other safety

Consumer products
Household cleaning products
Toys
Health and beauty devices and chemicals
Car Seats
Trampoline
Swimming Pools
Small toys (swallow hazard)
Baby safety equipment
Power tools (indoor and outdoor)
Lawn mowers and other gasoline powered equipment
Furnaces
Ladders
Contaminated foods
Playground equipment
Recreation and sports equipment
Exercise equipment
Paints and other chemicals used in the home.

Medical Devices
Artificial hips/knees
Non-steroidal analgesics
Blood products
Latex allergy
Feminine hygiene products
Orthopedic bone screws and other devices
Contact lens solution
Deer stand / tree stand
Mechanic, generating equipment
Car seat

Car jack

3-legged jack stand
Heating equipment repair / service
Child safety seat
Saw, circular
Paper-Making, dryer felts
Infant crib
Smoke detectors
Mechanic, Brakes & pads
Playground equipment
Extension ladders
Pipefitter, gasket exposure
Viper belt / flexicord
Bungee cords
Welder
Infant Swing
Gas-powered generators
Joint compound
Stroller
Power strip
Thermal insulation
Bicycle
Wall Heater
Valve & pump packing material
Theme park rides
Amusement park rides
Baseboard heater
Ceiling Tile installer
Roller coaster
Bausch & Lomb products
Pipefitter, transite pipe
Infant carrier
Snow blower
Machinist, gasket exposure & packing material
Sleepware - flammability
Hedge trimmer
Pump mechanic, gasket
Clothing - flammability
Trash compactor
Steelworker, repairing furnaces
Playpen
Folding chair
packing supplies
Diving Board
Fan
Swimming pool
Electric juicer
Wife, child, exposure to husband/father’s clothes
Swimming pool drain
Guns
Brakes on machines in paper cup factory
Trampoline
Firearms
Accidental discharge
Ship yard, gaskets & packing materials
Punching Bag
Meat Grinder, electric
Installation & demolition of blast furnaces
Play equipment
Halogen lamp
Petrochemical plant
Booster seat
Disposable lighter
Chemical plant
Toys

Electric blanket
Refinery
Football equipment
Water Heater
Foundry
Football helmet
Propane heater
Steamfitter
Riding mower
Plumber
Power mower
Lawn tractor
Chain saw
Turkey fryer / cooker
Television, fire
Air purifier fire
Industrial Products
Transportation Products
Paint Powder
electrostatically charged
Ford Expedition
Ford Explorer
Industrial Saws
Ejection
Conveyor system
Seatbelts
Stairway lift
Passenger restraint system
Pneumatic pump
Head restraints
Paper mill equipment
Air bags
Elevator
Tires
Escalator
Wheels
Commercial front loading washers
Tire tread separation
Crane boom
Minivans
crane hook
Safety cage
Scaffold
Frame collapse
Drill rig
Fuel tank system
Switch gear failure
Intake manifolds
Electric chain hoist
Personal watercraft
Solvent Recycler
Outboard motor
Hydraulic system
Grain dryer system
Boat propellers
Corn picker
Propeller guard
Winder machine
ATV
Mechanical gate
Motorcycle helmets
Batwing-style bushhog
Motorcycle
Vehicle Transport Trailer
Personal aircraft
Forklift
Commercial bus
Lathe
School bus
Router
Portable roadside jack
Street leveler
Roof crush
Man lift
Vehicle rollover
Hydraulic lift
Vehicle fire
Winch
Fun-Kart
Punch press
Go-cart
Liquid oxygen cylinder
Hydraulic scissor lift
Diamond Blade
Pressure relief valve
Metal cutting machine
Taser stun gun
Cafeteria table
Oil rig
Front end loader
Uni-loader

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