Types of Product Liability Claims

Miller Weisbrod's Product Liability Attorneys help victims of defective consumer and industrial products and nationwide. We have the experience and resources to take on major manufacturers of defective products in pursuit of maximum financial compensation for our injured clients and families who have lost a loved one from a defective product.

Manufacturers and distributors of defective products may be held legally liable to pay for damages if their product causes injury to a consumer or worker. The Product Liability Attorneys at Miller Weisbrod have a proven record of success in obtaining substantial insurance settlements and jury awards for victims of defective products for the home or workplace.

Regardless of whether strict liability, or negligence, a consumer usually will need to prove that one or more of three types of defects existed. These are manufacturing defects, design defects, and marketing defects, also known as failures to warn.

In addition to proving the existence of the defect, the consumer will need to show that the defect caused their injury. This means that they would not have been injured if the defect had not been present.

Manufacturing Defects
Occurs when there was a problem with how a specific item was made. A manufacturing defect might arise from an error on the assembly line at the factory, which makes a certain product different from all of the others in its line.

Design Defects
The people and entities that made the blueprint or specifications for the product may be responsible for failing to take foreseeable risks into account.

Marketing Defects (Failures to Warn)
If a manufacturer fails to provide appropriate instructions on how to use a product, or fails to warn consumers about its inherent risks, this may give rise to a product liability claim based on a marketing defect.

Breach of Warranty
If a product comes with a written warranty, and it fails to live up to the terms of the warranty, a victim might be able to bring a claim based on a breach of express warranty. You might find a warranty on labeling or packaging, in the advertising for a product, or in a manual that comes with a product.

Our Product Liability Lawyers have the proven legal skill and experience to handle the complex evidentiary issues involved in a wide range of defective product liability litigation, including:

• Explosions caused by faulty air compressors
• Exploding E-Cigarette and other Vaping Devices
• Exploding Cell Phones
• Accidental death caused by defective elevator doors and lift mechanisms
• Injuries caused by defective household products like power tools and ovens
• Serious injury or wrongful death caused by products for infants and children

If you were injured or a loved one died due to a defective consumer or industrial product, we encourage you to call our offices today at 214.987.0005 or toll free at 888.987.0005.

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500,000 Diono Child Car Seats are being recalled because they may not protect kids in crash.

Diono issues national recall for 500K car seats.

More than 500,000 child car seats made by a company called Diono are being recalled because they may not adequately protect children in a crash.

The recall covers the Radian R100, Radian R120, Radian RXT, Olympia, Pacifica, and Rainier convertible and booster seats. They were made from as early as January of 2014 to September of this year by Diono, which used to be called Sunshine Kids Juvenile. (National Highway Traffic Safety Administration report)

If seats are installed with only the lap belt — without also using the top tether — children over 65 pounds have an increased risk of a chest injury in the event of a crash. This issue was discovered in company testing.

“As a result of our rigorous quality control, and ongoing product testing, we have established that if our convertible child safety seat is installed forward-facing in vehicles with a lap-belt (type 1) only without top tether, it crosses into a technical non-compliance", the safety notice on Diono’s website reads. “If our convertible child safety seat is being used with a lap and shoulder safety belt (type 2) or with our SuperLATCH system, or top tether the child safety seat is unaffected.”

Diono, based in Sumner, Washington, says it has no reports of injuries and that few children who weigh more than 65 pounds will be harnessed into the seats. The problem was discovered in company testing.

Confused if the recall affects you?
You can determine if your seat is part of this recall with three simple questions:
A) Is your child safety seat installed forward-facing with the lap and shoulder belt, or with the SuperLATCH system, or using the top tether? If the answer is yes, you are unaffected by this notice.

B) Is your child safety seat installed forward-facing with the lap belt only and top tether? If the answer is yes, you are unaffected by this notice.

C) Is your child safety seat installed forward-facing with the lap belt only? If the answer is yes, you might be affected if your seat was manufactured after 11/25/13. You will be able to locate this information on the manufacturer’s label on the product.

The company will send owners a kit with an energy absorbing pad and a new chest clip at no cost. The recall is expected to start on Nov. 22.

Customers with questions can call Diono at (855) 463-4666.

Contact Us Today
At Miller Weisbrod, we help victims of defective consumer products nationwide. We have the experience and resources to take on major manufacturers of defective products in pursuit of maximum financial compensation for our injured clients and families who have lost a loved one from a defective product.

If a loved one was injured or died due to a defective consumer product, we encourage you to call our offices in Dallas today at 214.987.0005 or toll free at 888.987.0005.

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