Product Liability

Products liability is a very specialized area of law. The term “dangerous products” refers to any type of product that poses a high risk of injury to its buyers and users. A product can be considered dangerous just by its intended use; common examples of this include firearms or other weapons. 

Other products that are seemingly safe under normal conditions can be made dangerous due to modifications or alterations made to them. Flaws and defects that keep products from correctly performing their function can also pose great danger. Product liability law, then, is the consumer’s means of obtaining compensation for injuries suffered as a result from these various dangers.

Each category of product liability cases can be pursued either through negligence—which is the duty of a product seller to exercise due care—or under strict liability. Strict liability is based on a product that is unreasonably dangerous, regardless of the care involved.

In general, product liability cases fall into one of the following three categories:

• Defective Design: The product’s design specifications, even if properly followed, result in a product that is unreasonably dangerous, the product is defective.
• Defective Manufacture: The design is safe, but the product is assembled and manufactured out of specification and may be dangerous due to manufacture. Such cases usually arise with a defective batch of a product, but may arise even with a single unit.
• Defective Warnings or Instructions: Sometimes a product is safe only when the designer gives the user adequate instructions or warnings on how to properly use the product. A shortcoming in such written directions can lead to a claim that the product is defective due to inadequate warnings or instructions.

The laws surrounding dangerous products require special experience. Such cases often necessitate the compensation of engineers who can expertly prove products are defective or unreasonably dangerous. Connections to these kinds of experts can maximize case value, but the expense to retain them can be significant. Therefore, it is important to find an attorney who has the financial resources to pursue your claim to the fullest.

Since case expenses directly diminish your net recovery, spending efficiently and wisely is crucial. An experienced product liability attorney, like those found at Monsees & Mayer, P.C., has connections to experts and a better sense of what kind of experts, and how many experts, they need to prove a case. We are frequently referred product liability cases from other attorneys for this very reason.

Our firm enjoys a special position of respect for our expertise in this area of complicated litigation. Product liability is an area in which experience really counts, particularly when the defendant knows and respects the opposing attorneys. Don’t entrust your product liability case to someone who is still gaining experience; Monsees & Mayer, P.C. has a proven track record of results.

Monsees & Mayer, P.C. is confident in our ability to help you win your case. We have engineers and specialists readily available to inspect the product that injured you. We have experience in securing and promoting expert analysis that will address your injuries. Additionally, we can secure experts to analyze debilitating financial losses of income and life care needs for the catastrophically injured.

Our defective products lawyers have taken the largest verdicts ever awarded against the manufacturers of firearms and water skis. We have also won cutting-edge cases, including a $10,000,000 judgment against The People’s Republic of China for the sale of a defective semi-automatic rifle.

We have successfully handled a number of product liability cases involving a wide range of dangerous products: automobiles, airplanes, drugs/medications, power presses, and guns, to name just a few. An effective product liability attorney must have more than just the finances to support these expensive cases; they must also have the experience to handle such cases and the experts available for consultations.

All-terrain vehicles (ATVs), even when used properly, can cause serious accidents and injuries to their users. According to the U.S. Consumer Product Safety Commission (CPSC), ATV ridership has risen in the last few years; unfortunately, this rise has also come with a rise in injuries. Some of these injuries were due to products liability caused by defective design, manufacturing, or marketing.

If you or a loved one was injured in an ATV accident, take some time to discuss your legal options with one of our skilled lawyers today.

Types of ATV accident and injuries:

Injuries sustained in ATV accidents can range from serious to fatal, since the rider is vulnerable and exposed even with a helmet on. 

Monsees & Mayer, P.C. is ready to help you pursue a product liability case in regard to your ATV accident. We can also check to see if there has been a recall on your particular ATV model and year.

As car owners, we tend to assume that our vehicles will be safe and free of design and manufacturing flaws. Sometimes, tragically, this assumption proves false.

While most auto accidents occur because of the negligence of a driver, some serious accidents happen because of dangerous automotive products. These kinds of accidents may result in more serious injuries or death because of defects in the vehicle that affect its safety in the event of a crash.

Roof crush, defective airbags, and inadequate restraint systems are just some of the things that can impact a vehicle’s ability to properly protect the occupants in the event of a collision or crash.

If you or a loved one has been hurt because of a defective auto part or faulty design, you should talk to an experienced personal injury attorney about your case. You may be entitled to financial compensation for your injuries and losses, including medical bills, lost wages, pain and suffering, or loss of life.

Protecting the Rights of Passengers and Drivers

At Monsees & Mayer, P.C., we provide strong legal representation to clients in cases involving serious injuries and wrongful death caused by dangerous products, including defective automotive equipment.

Our attorneys can help you understand your legal rights and plan an appropriate course of action if your case involves:

• A truck or car rollover, which often means a roof crushing in
• A faulty passenger restraint system, seat belt or air bag
• Inadequate crash-worthiness of a car, truck or other vehicle
• Injuries from accidents involving tractors or farm implements
• A collision involving a truck or commercial vehicle
• Substantial head injury
• Spinal cord injury leading to paralysis or another severe problem

Our attorneys have the knowledge and the will to move forward with even the most difficult auto defect cases. We understand that many cases involve suing multiple parties for damages—and we know that every case is different.

Rechargeable lithium ion batteries are increasingly being used to power e-cigarette devices. While they can be effective to accomplish such a purpose, the batteries can pose a dangerous, even deadly, hazard. Most consumers are unaware of the dastardly conduct that underlies the batteries they put into their devices or carry in their pockets.

Certain rewrapped batteries pose a risk to unsuspecting consumers. Since there is no regulatory authority for the industry, companies get away with misrepresenting the characteristics of the battery. Third-party companies may overrate the amp and mAh rating to entice customers, but at the same time putting them in serious danger.

The battery can easily be used under conditions for which it was neither designed or intended for, and may explode or catch on fire. This can cause burns and other serious injuries. Learn more here.

Farming and construction are two of the most dangerous occupations. Workers on private or corporate farms and construction sites face a constant risk of injury from heavy machinery, defective equipment, hazardous chemicals, and dangerous places like grain silos and rooftops. Monsees & Mayer, P.C. has been representing people injured in farm accidents and construction workers hurt on the job for many years.

We are not afraid to take on big machinery manufacturers (including John Deere or Case), pesticide and chemical companies, or their insurance carriers to protect your rights and ensure you receive fair compensation for your injuries or loss.

Types of farming accident and construction equipment injury cases we handle include:

These kinds of accidents can occur at any moment. An electrical problem can cause a piece of farm equipment to start while the machine is in gear. Hydraulic brake failure or operator error can cause a construction vehicle to crash into scaffolding or crush a worker. Whatever the case may be, we offer the knowledge and background to handle any industrial or construction accident.

Construction & Farm Accident Law Firm Protecting You

We have represented people who have been injured or killed because of construction equipment defects, faulty farm equipment, and other industrial accidents. Our attorneys fully investigate the incident, find any and all responsible parties, and help you hold them accountable. These entities should provide full and fair compensation for your hospital bills, lost wages, ongoing treatments, and pain and suffering. We can help ensure they do.

Every year, thousands of workers using heavy equipment are injured on the job. According to OSHA (Occupational Safety & Health Administration), in 2017 alone, 5,147 workers were killed on the job. This was more than 99 deaths a week, or about 14 deaths every day. Construction workers made up 20.7 percent of these deaths.

Many of these accidents are caused by defective machinery and equipment; what is already a dangerous situation is worsened by products liability. Heavy equipment defects can occur in the manufacturing, design, or marketing of the product, but there may also be defects in the warnings or instructions that accompany the product.

The Top 4 Leading Causes of Construction Worker Death:

• Falls
• Electrocutions
• Being struck by an object
• Caught in-between machinery

Types of Heavy Equipment

Product liability cases can be very complicated to pursue. Fortunately, our heavy equipment products liability attorneys have many years of experience in this highly specialized area of the law. We have engineers and specialists available to inspect the product that injured you, whether it be:

Commonly, backhoes and uniloaders are among the types of equipment that frequently cause serious injury. These are very powerful pieces of machinery that can make an already dangerous situation worse if they are not designed, manufactured or marketed properly. Due to product defects, workers can be crushed, run-over, hit by, and even electrocuted from backhoes and uniloaders.

If you or a loved one has been injured or killed in a construction accident involving a backhoe, uniloader, or other heavy equipment, we want to help. At Monsees & Mayer, P.C, we are not afraid to take on big machinery manufacturers or their insurance carriers to protect your rights. We will use our many years of experience in products liability cases to recover fair financial compensation for your injuries or loss.

Types of Backhoe & Uniloader Injuries

Implanted medical devices, like hip replacements, are meant to correct a problem and improve a person’s quality of life, not make things worse. Sometimes, however, these operations go wrong or the device itself fails, resulting in painful, disabling, and even life-threatening harm to patients.

Our law firm can investigate if your loved one suffered serious injury, illness, infection or death after receiving a surgical implant, including:

• Hip Implant (artificial hip joint)
• Knee Replacement
• Surgical Mesh or Hernia Patch
• Implanted Stent or Pacemaker
• Other Medical Device

Compensation for Dangerous Medical Devices

We know how devastating these cases are for patients and families. Victims of failed medical devices may have to endure surgical intervention to fix or remove the implant. Due to tissue damage or compromised health, that person may no longer be a candidate for replacement surgery to remedy the original medical condition. Our team successfully and determinedly pursues compensation for clients’ medical care and rehab, lost earnings, disabilities, and pain and suffering.