Product Liability

Product liability cases encompass a broad spectrum of products, ranging from consumer goods and pharmaceuticals to medical devices, automobiles, machinery, and beyond. To establish a product liability claim, the plaintiff typically needs to demonstrate the following:

Defect Existence:
The product had a defect in design, manufacturing, or marketing.

Timing of Defect:
The defect existed when the product left the control of the manufacturer or other responsible party.

Harm or Injury:
The defect caused harm or injury to the plaintiff.

Intended Use:
The plaintiff was using the product as intended or in a reasonably foreseeable manner.

Product liability laws vary across jurisdictions, drawing principles from tort law, contract law, and consumer protection regulations. Consequently, these cases involve intricate legal and technical complexities.

Manufacturers and parties involved in product production have a legal obligation to ensure product safety. Failure to meet this duty, resulting in injury, can lead to product liability claims. Outcomes may include financial compensation for medical expenses, pain and suffering, lost wages, and other damages.

In product liability cases, medical records review is pivotal, especially when the alleged defective product causes harm. The review aids in:

Causation:
Establishing a link between product use and injuries through a timeline of events.

Injury Documentation:
Providing detailed records of injuries, crucial for calculating damages.

Expert Opinions:
Enabling medical experts to assess if injuries align with the alleged defects.

Pre-existing Conditions:
Identifying any prior conditions to evaluate the product’s role in injuries.

Treatment and Expenses:
Offering insights into medical treatments, aiding in calculating damages.

Long-Term Effects:
Establishing the ongoing impact on health and quality of life for lasting consequences.

Mitigating Factors:
Identifying plaintiff efforts to mitigate harm caused by the defective product.

Settlement and Negotiation:
Providing a strong basis for informed negotiation and settlement discussions.

Trial Preparation:
Serving as evidence in trials to support the plaintiff’s claims.

Medical records review demands expertise in both legal and medical fields. Our team ensures a comprehensive summary, substantiating damages resulting from the defective product, building a robust case.