Product liability refers to an area of tort law. It defines the level of responsibility imposed upon businesses that are involved with the sale, manufacture, distribution, and resale of products that result in damages to consumers and/or users.
Whether an entity can be held legally responsible for injuries caused by defective consumer products depends on varying state laws, as well as the circumstances surrounding each case. In some cases, all entities associated with a particular consumer product’s chain of distribution can be sued for damages. This may include:
- A designer;
- A manufacturer;
- A distributor;
- A wholesaler; and
- In some cases, the retailer or reseller of a defective product.
A claim for products liability generally refers to when a consumer files a lawsuit against the manufacturer or a seller for placing a defective consumer product in the stream of commerce, and making it available for purchase by the general public.
An example of this would be how a vehicle may be the basis of a product liability lawsuit. Both the manufacturer and the seller, generally a dealership, can be held liable for injuries received from operating a vehicle with defective parts. If the injured consumer cannot determine which part manufacturer is responsible for causing the defect, every entity involved with the assembly and sale process may be held liable for any resulting damages.
There are three main types of defects in products that can result in liability:
- Product Design Defects: Product design defects refer to inherent flaws in the product. They most commonly occur when a product is poorly designed, or is designed in such a way that makes it dangerous no matter how many precautions the creator or a consumer takes in making and using it;
- Defective Warning Labels: Some products require a business to place labels on a consumer product; create instructions regarding how to use a consumer product; and/or to clearly advertise how to correctly use a consumer product. If a business fails to do so and a consumer is subsequently injured, they may be held liable for having a defective warning label; providing inadequate instructions; and/or failing to advertise how to properly use the product; and
- Product Manufacture Defects: In contrast to product design defects, a product may have a perfect design, but the manufacturer may assemble it in such a way that causes a consumer to get hurt. Or, they may assemble the product in such a way that makes the product unsafe for consumer use.
It is important to note that even products exhibiting obviously dangerous features still require businesses to warn consumers and/or users of the potential risks associated with using such products. Examples include warning consumers that knives have sharp edges, or that lighters can cause fires.
What Is A Manufacturing Defect?
When a manufacturing defect is present, a product can become dangerous, unsafe, or unfit for consumer use because of the way in which it was constructed or assembled during the manufacturing process. As such, a manufacturing defect refers to a type of legal claim that is commonly cited as the basis of many products liability lawsuits.
To reiterate, a product liability lawsuit is brought by a plaintiff against a defendant in an attempt to hold them responsible for making either a dangerous or a defective product, which injured the plaintiff when they used it.
However, manufacturing defects are different from other product liability actions, such as a design defect. The two are often confused with each other, but a design defect specifically relates to the way in which a product was designed as opposed to how it was manufactured.
When a manufacturing defect occurs, there is nothing wrong with the product design. Rather, an error occurs while the product is being manufactured, which results in the product having dangerous effects that leads to consumer injuries.
Another frequently-cited defect in a products liability lawsuit associated with a manufacturing defect claim would be a warning label defect. This happens when a business has failed to affix sufficient warning labels to its product prior to selling it.
What Are Birth Control Injuries?
Birth control refers to any device, product, or substance that is used in preventing conception and pregnancy. While the term “birth control” generally refers to pills that are ingested to regulate hormones related to reproduction, the term is considerably broad and can include methods such as:
- Implants and other devices used to regulate hormones;
- Injections such as Depo-Provera;
- Devices that create physical barriers to conception, such as Essure and a Mirena IUD;
- Surgeries that alter the body’s ability to reproduce; and
- Drugs that change the body’s chemistry.
The choice of birth control methods depends on the person’s needs, physical health, and preferences. Different methods are associated with different side effects and risks when compared with others.
Birth control injuries generally depend on the type of treatment or contraception method involved. Generally speaking, some common birth control injuries include:
- Side effects associated with changes in hormones;
- Infertility;
- Over stimulation of ovaries and other glands;
- Surgical injuries and errors;
- Birth defects; and
- In some cases, wrongful death claims.
Some birth control issues are also associated with complications involving interactions with other drugs, or misuse of the product. Birth control injuries can often be very serious, and may require both medical and legal attention.
It is common for birth control claims to involve:
- Faulty or defective products;
- Medical malpractice;
- Pharmaceutical errors;
- False advertising; and
- Other issues such as fraud or misrepresentation.
Legal claims involving birth control may require a lawsuit, and remedies may include a damages award for the injured party. Wrongful death claims have also been associated with birth control products.
Can I File A Lawsuit If I Have Issues With My Essure Birth Control?
Essure is one type of birth control that has caused serious issues resulting in lawsuits being filed against the manufacturer of the birth control. Essure is a birth control device created by the German company Bayer, and is intended to permanently prevent pregnancy from happening. It is a soft metal device with coils that is implanted into the fallopian tubes; there is no need for an incision when the device is implanted into the body.
Since the introduction of Essure in 2002, it has caused a number of side effects, some of which are especially serious. The reported side effects include:
- Pelvic pain;
- Fatigue;
- Weight gain;
- Movement of the device;
- Tears in the pelvic organs;
- Issue with pregnancy, including fetal death and ectopic pregnancy;
- Need for a hysterectomy; and
- Death.
An Essure lawsuit is a legal claim that is filed against Bayer, the manufacturer of the birth control device. This sort of lawsuit generally alleges that Bayer failed to adequately warn people who choose to use the device about possible birth control injuries and side effects associated with the product. Reports show that over 3,700 lawsuits have been filed against Bayer for issues associated with Essure.
This type of lawsuit generally falls under product liability, which can be brought when a consumer is injured by a product. If an injury occurs, you can sue the maker of the product in order to seek money for the damage you experienced.
Do I Need A Lawyer For Essure Lawsuits?
If you have experienced any of the known side effects associated with Essure, or if you have been injured by the birth control device, you should contact a personal injury lawyer.
Your personal injury attorney can help you explore your legal rights and options, and will discuss filing a lawsuit against Bayer. Additionally, an experienced attorney will be aware of any class action lawsuits that you may be able to join.
