When the Samsung Galaxy Note 7 came out, no one expected their life to be in danger. It’s a phone! It is common for phones, when used often, to get hot, but to explode? That was a first. The South Korean company apologized and stopped producing the phones, but not after several lawsuits claiming negligence that the company knew or should have known that something like this could or would happen. This is an example of a defective product case that our product liability attorneys in California at Mancini & Associates are equipped to handle.
Dealing with an exploding phone is one thing, but what if the defective product is inside us and not something we carry around or can put away? Phones exploding are a serious issue, but what if the man-made joint, meant to piece your hip together, is defective? This, then, causes more pain and requires more surgeries. Johnson and Johnson company and DePuy Orthopedics awarded a group of plaintiffs $30 million in damages and over $ 1 billion in punitive damages. The company was held liable for “ ‘serious medical complications caused by defective metal-on-metal Pinnacle implants”. Due to this lack of information as well as defective products, the plaintiffs had to undergo “second, or revision, surgeries” in order to replace the product as well as “repair tissue damage and bone erosion”.
Defective products fall under Product Liability, which is under personal injury. There are two main kinds of legal theories that our personal injury attorneys in California at Mancini & Associates: Negligence and Strict Liability. Like the Samsung case, the lawsuits were charging the cell phone company with negligence as they should have known that this danger could have happened. They were negligent in releasing a phone that wasn’t properly tested by the general public.
Strict Liability is when a manufacturer is liable regardless of knowledge or intent. Strict liability is a way of saying that the company, no matter what safety measures, is responsible for anything that may happen to someone who uses the product.
Each theory has its own caveats and strategies. Our Attorneys specialize in this kind of personal injury. Since 1997 our attorneys have been consistently and successfully litigating defective product cases. Just like the hip replacement case, we don’t want you to suffer anymore. Imagine the amount of money you have to spend on multiple surgeries. Think of the time wasted on recovery and feeling ill or incapable due to the injury. We can help remedy that situation. Because we are so sensitive to your financial situation, the first consultation is free. We want you to feel comfortable and secure in our legal counsel. This can only happen when you know that we are serious about you and your position.