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Products Liability

Is it Difficult to File a Lawsuit for Injury from a Dangerous Product?

December 19, 2012 | Michael Barasch

Developing any product involves a complex series of steps from the time of the initial design, through the manufacturing process, to the time it reaches a consumer. An error at any point in the cycle can result in injuries to the person who eventually uses the product. Although a products liability lawsuit must identify specific design flaws, manufacturing defects or documentation errors that cause injury, experienced product liability attorneys have the skills and resources to conduct the thorough investigations needed to help their injured clients pursue the compensation they deserve.

An October 4, 2012 New York Times article illustrates the complexities involved in products liability lawsuits, in describing the maze of issues involved in multiple claims against a gasoline can manufacturer — claims that eventually resulted in the closing of its factory. On the one hand, the company argued that inherent features of gas cans can cause injuries to individuals who do not observe safe practices when using them. However the company settled some cases, making it appear they did not expect to win in court. A 2008 court case subsequently revealed that the company failed to disclose a 2005 memo showing that the company knew its product needed a device to eliminate flashback from a flame source.

Clearly, anyone who suffers injuries from a dangerous or defective product needs to retain a law firm with extensive experience handling products liability claims. In many cases, attorneys must conduct extensive investigations to uncover a key piece of evidence that can make a difference to the outcome of a products liability case.

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