The legal definition of Product Liability is: “The responsibility of a manufacturer or vendor of goods to compensate for injury caused by defective merchandise that it has provided for sale.”
Pursuant to product liability law, manufacturers and sellers have a duty to make sure that their products are free from any defects that may harm consumers. Specifically, the manufactures must make certain that their products are designed for safety for the purchasing consumers. Both manufacturers and sellers must provide the consumers with adequate warnings clarifying the risks associated with their products. Furthermore, these products must be manufactured in a manner that meets certain safety specifications.
One of the most significant developments in the 20th century jurisprudence is the development of product liability law. Under product liability law, manufacturers, sellers, retailers, and suppliers of products have an obligation to ensure that products introduced into the marketplace are as safe as reasonably possible, and may be held legally and financially accountable for injuries caused by their products. That does not seem like a particularly revolutionary notion until you consider the fact that all actors involved in the chain of commerce may be held liable for injury-producing products even if they are completely faultless. This is called “strict liability,” and it is what makes product liability so unique among personal injury laws.
Product liability law is complex with each state having its own particular laws comprised of cases and statutes. However, the broad concepts of product liability law discussed in this article are basically similar across all state jurisdictions.
In general, a person injured by a product may initiate a legal action under the following theories of liability: breach of warranty, negligence, and strict liability. Breach of warranty and negligence focus on the actions and omissions of the defendant and are often very difficult to prove, particularly when suing a large corporate manufacturer
In strict liability, however, the focus is directly on the product. Accordingly, the relevant question in a strict liability case is whether the product is defective, and if so, whether that defect is the legal cause of the plaintiff’s injury.
A product is “defective” if it is unreasonably dangerous when used as intended. A product may be defective in its design or in its manufacture. A product may also be defective in its marketing, meaning the manufacturer failed to disclose all of the risks associated with the product. In the typical product liability case, each side hires expert witnesses to render opinions as to whether or not a product is defective. If the case goes to trial, it is then up to a jury to decide whether a product has been proven unreasonably dangerous.
Quite often, the same product will injure many people. Hundreds or even thousands of lawsuits may be filed all over the country alleging a particular is defective, in this case, TransVaginal Mesh devices. In certain instances, these cases may be consolidated under a single court’s jurisdiction for pre-trial proceedings. This is called “multidistrict litigation”, which is under the direction of the Judicial Panel on Multidistrict Litigation. product onto the market that carries a dangerous defect and harm to potential consumers.”
You have an array of legal options that you can pursue if you are suffering due to a defective device. Your first step should be to contact qualified legal representation to learn more about your options. You should also immediately contact your physician for a full evaluation. An experienced law firm can help you take the next legal steps towards seeking resolution to this matter.
Because of the severe pain caused by complications, many women have experienced an impact on their marriage and marital relationship; this can result in a claim filed on behalf of your husband.
You are not alone. These products have harmed thousands of women. Daily, we work with women across the country who have had mesh implanted abdominally, laparoscopically and vaginally, and who are experiencing the same pain you have had to endure.
The vaginal mesh has destroyed lives and marriages, ended relationships, caused families to lose homes and file for bankruptcy. Many women are no longer able to work due to the mesh complications. The vaginal mesh is a travesty and it is now known that almost 400,000 women have mesh implants. If you are suffering due to a vaginal mesh you should contact a lawyer to file a vaginal mesh lawsuit. If a loved one is suffering from a mesh implant, contact us on her behalf. She may not be aware that it is the mesh causing the problems or have the emotional strength to pursue this on her own. We will use our resources and client feedback on physicians to help locate a vaginal mesh doctor. So many mothers, wives, grandmas and sisters are suffering from these vaginal mesh implants and they may need your help. Help them seek justice and stand up for rights and demand justice for this vaginal mesh device and against the manufacturers that put profits over people