When a manufacturer designs or produces something that will be put on the market, it has a responsibility to ensure that the item is safe to use, and when the company fails to meet this responsibility, a product liability law attorney may be required to secure compensation for the victims. It is a civil case that can involve many different industries. Medical companies that have produced something that is causing unexpected and severe side effects or an item that comes with poor instructional documentation may fall into this category. These cases are often highly complex, and a legal expert will be able to put all the relevant information together.
There are three major ways a company may be held responsible for defects. There may be a problem with the design, a problem with the manufacturing, or it may not be properly labeled or packaged with unclear instructions. A product liability law attorney can help a victim determine which is in play, and in most cases, negligence on the part of the manufacturer or designer does not need to be proven. What needs to be shown to the court is that the item is in fact defective, that the victim sustained injuries, and that these injuries were in part caused by the defective device.
A product liability law attorney for these cases is important for many reasons. Because most defective devices that are taken to court this way are medical in nature, it can be difficult to show what injuries the item caused. It can take months or years for complications to start showing up, and they are often misdiagnosed or masked by other health problems. Joint replacements and bone screws that are defective can corrode or shed debris into surrounding tissue, causing pain and swelling. These are common side effects of any surgery, and thus it can be tough to tell the two apart. By the time the real cause is discovered, the joint replacement may have destroyed tissue close to the joint and resulted in permanent malfunctioning of the joint area.
Some birth control or vaginal support devices can also cause insidious and debilitating side effects. For some women who receive a transvaginal mesh implantation, the device can cause perforation of internal organs and severe abdominal pain. In some cases, there can be internal bleeding or disabling pain that can only be resolved with a second surgery. Those who have been harmed in this way should consider contacting a product liability law attorney as soon as possible, as it can take a while for these complications to show up on any diagnostic tool, and there have been fatalities connected with the device.
Another major reason why a victim should think about contacting a product liability law attorney as soon as possible is that an experienced expert in the field will have a strong idea of what information will be needed before taking the case to court. These professionals need to have a wide range of skills and knowledge to gather all information pertinent to the situation, and be able to call on several experts who can testify on the victim’s behalf. They are also veterans when it comes to poring through medical records, which may be something an inexperienced lawyer will have trouble with.