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Manufacturers of products are required to use reasonable care to avoid putting defective and unsafe products on the market.  According to the Consumer Product Safety Commission, defective products cause thousands of serious injuries and deaths in the United States each year.

Spohrer & Dodd attorneys have decades of experience in aggressively and effectively representing clients in claims related to a wide range of defective or dangerous products, including: 

  

Unsafe Products

  • Dangerous toys and other children’s products
  • Crib and child safety seat defects
  • Tire defects  
  • Vehicle roll-overs
  • Roof Crush
  • Passenger restraint device failures (safety belts, airbags, door latches, seat backs)
  • Vehicle design and manufacture defects
  • Dangerous medical products and devices
  • Faulty home appliances
  • Aircraft component defects and failures
  • Defective sporting goods and recreational items
  • Dangerous tools or industrial machinery

Product Liability Cases and Causes

 Unsafe Products    

Legal claims that arise from injuries or deaths caused by unsafe products are known as product liability cases.  In general, the law requires that a product meet the ordinary expectations of the consumer. While each circumstance is unique, the liability for defective or dangerous products may lie with any or all of the parties in the distribution chain, including: product manufacturer; component parts manufacturer; wholesaler, and retailers. Typically, product liability claims are based on state laws, and brought under the theories of negligence, strict liability, or breach of warranty. 

Products may be unsafe or defective for several reasons:

  •                 Poor manufacture
  •                 Design failure
  •                 Inadequate or incorrect directions or warnings 
  •                Misrepresented functionality
Protecting Consumers and Changing Policy

Spohrer & Dodd has the expertise and resources to aggressively investigate the cause of any accident or injury related to an unsafe product. This in-depth work, coupled with our aggressive prosecution of claims has resulted in multi-million-dollar verdicts and settlements and changes in the law and the way products are made.

     Supreme Court Ruling

             

One example of our work is the Lohr v. Medtronic case. Our client’s claim, involving the failure of a heart pacemaker, became a "textbook" case decided by the U.S. Supreme Court. Although the medical device was supposed to work for years, several painful surgeries were needed to for it to function as designed. 

Aircraft Accidents

The manufacturer blamed the surgeons, and said that the FDA had approved the device, so no lawsuit could be brought. This attempted defense, called "preemption," became the important issue to the Supreme Court, who ruled in our favor. Our case was settled favorably for our client, and now, due to this landmark ruling, consumers are not barred from challenging faulty medical products just because the FDA has approved them.


For other Unsafe Products case results click here: 
  

For additional information on Unsafe Products, click on any one of the links below:

U.S. Consumer Product Safety Commission 

Florida Department of Agriculture and Consumer Services