Medtronic Lawsuit Attorneys

Product Liability

Product liability is the area of law where certain groups who make products for the public are held liable or responsible for the injuries or harm purchasers or uses of the objects may sustain. These groups include:

• Manufacturers
• Distributors
• Suppliers
• Retailers

In the United States, negligence, strict liability, breach of warranty, and consumer protection claims are closely associated with product liability claims. Most of the product liability laws that exist are enacted and determined at the state level. Frequently the statutes vary widely from state to state. Each type of claim requires the plaintiff to prove different elements in order to present a claim successfully.

Products liability claims are usually based on:

• Design defects
• Manufacturing defects
• Failure to warn

The claims of a plaintiff are frequently allowed to proceed and even succeed even when the product was used incorrectly. As long as the incorrect use was foreseeable by the manufacturer or other party in the supply chain, the plaintiff will succeed, most of the time.

Products liability claims are based on strict liability rather than negligence. Under strict liability, a manufacturer is held liable for damages caused by their products regardless of whether or not the company acted negligently. It allows for recovery by a plaintiff who might be in a difficult position to prove what a manufacturer did wrong in its design or manufacturing process. It is assumed that a manufacturer will consider the potential expense of a lawsuit when the price for a product is set.

Contact a Medtronic Lawyer

For more information on products liability lawsuits or on the options for someone injured by a Medtronic defibrillator, contact the Medtronic product liability lawsuit lawyers of Williams Kherkher at 800-761-3187 to schedule an initial consultation.