Defective Products Class Actions
Protecting the Rights of Injured Consumers
When a properly-used product causes injuries, the problem is rarely isolated; instead the problem typically reflects a defect in the design, production, distribution or labeling of the product. In many cases, the defect is not discovered until numerous consumers have been injured or killed. Because multiple consumers suffer the same types of harm, a class action lawsuit or mass action filed in multidistrict litigation is often the most efficient way to pursue legal claims for damages.
Founded in 1993, Schneider Wallace Cottrell Konecky LLP is a national litigation law firm that represents plaintiffs injured by defective products. Through thorough investigation, we trace the defect to the negligent parties and work to hold them liable for injuries to consumers. Based in California, Texas, North Carolina and Puerto Rico, our law firm partners with local counsel to handle nationwide products liability class action claims.
Product defects can arise during any phase of design, production and distribution. In today’s global economy, several companies may have handled a product before it reaches the consumer, complicating the liability analysis. Our law firm has extensive experience investigating where the defect occurred and which companies are responsible.
Most products liability claims are based upon theories of negligence, including:
Design flaws: The company responsible for the original design, along with others in the supply chain, would be liable for injuries that are inherent in the blueprint of the product itself. For example, it has been alleged that a metal-on-metal hip prosthesis design can result in metal toxicity and irritation of the surrounding tissue. A volatile chemical in an airbag canister can cause the mechanism to explode when the airbags deploy.
Manufacturing mistakes: Problems sometimes occur during the manufacturing process. For example, unsanitary factory conditions might lead to bacterial contamination of a drug batch. Or, faulty wiring in a household appliance could introduced on the factory floor. When an otherwise properly-designed product causes injury, there is a strong possibility that the defect was introduced during the manufacturing stage.
Vendor liability: In some cases, defects are introduced during transportation, storage or delivery of the product. The seller may also inappropriately market the product for an unintended use.
Product Mislabeling and Misrepresentation
Federal and state laws require manufacturers and vendors to accurately and honestly label their products. For example, the FDA imposes strict manufacturing and labeling requirements on pharmaceutical and medical device companies. The USDA oversees food and beverage safety, with some overlap with the FDA. The Consumer Product Safety Commission regulates safety of a wide variety of products, including children’s toys, playground equipment, swimming pools, carpeting, clothing and lawn equipment.
Misrepresentation occurs when the manufacturer or vendor claims a dangerous product is safe, overstates the effectiveness of the product or neglects to warn consumers about known risks. In addition, giving inadequate instructions on proper use might give rise to a products liability claim.
File a Class Action Against Negligent Manufacturers of Defective Products
Contact one of Schneider Wallace’s offices in California, Texas, North Carolina or Puerto Rico to learn more about filing a class action lawsuit against a negligent manufacturing corporation or vendor. We are a national firm that is able to assist clients in any jurisdiction through partnerships with local law firms.