Dangerous or defective products – such as toys, medical devices, car parts, prescription drugs – cause thousands of injuries to consumers every year in the United States. Products such as defective car parts or dangerous pharmaceutical drugs can result in serious injury, death, psychological and emotional suffering, lost income, and other permanent losses. A product may be dangerous because of a design flaw, manufacturing defect, or insufficient labels and warnings.
Here are some consumer goods and products which have been known to cause serious injury or death in the past:
Potentially dangerous prescription drugs:
Parties responsible for dangerous or defective products vary, depending on the product and circumstances. With respect to consumer goods, such as baby car seats or a household appliance, potentially liable parties include the product manufacturer, the wholesaler, and the retail store that sold the product to the consumer.
For prescription drugs, potentially liable parties may be the drug manufacturer, the lab where the drug was tested, the pharmacist, and/or the medical provider who prescribed the drug. The drug manufacturer is responsible for authorizing the appropriate tests before submitting the drug for approval by the Food and Drug Administration (FDA), as well as properly labeling the drug so that consumers are made fully aware of any risks associated with that product.
A pharmacist is responsible for issuing the accurate dosage of the correct medication; and your doctor is responsible for prescribing the best medication for your injury or illness.Typically, product liability claims are based on theories of negligence, strict liability, breach of contract, breach of warranty or guaranty, or under the Uniform Commercial Code. Product liability actions are often quite complex, and establishing legal fault requires the assistance of an attorney.
If you or someone you know has been seriously injured as the result of any dangerous or defective product or drug, call Gama Law Firm for a free case consultation and evaluation. Product liability attorney Richard Gama has been representing injured victims for over 10 years and has the experience to help you understand your right to compensation after being exposed to a dangerous or defective product in Colorado.