Do you have a case?
Defective Products Injury
Product safety is something that seldom crosses our minds; we fully expect that products we buy are safe. Until, that is, you or someone you love experiences a serious injury or death due to an unsafe product.
Duncan Firm has represented many clients whose lives have been adversely affected by defective products, and have successfully reached settlements with manufacturers for injuries that occurred from faulty products.
Consumers believe that if a product is on the marketplace, it must meet safety requirements. Unfortunately, it is all too common for large corporations to put profits over people. At Duncan Firm, we are experienced defective products lawyers who represent plaintiffs who have been seriously injured due to unreasonably dangerous products.
Corporations often have knowledge of defective products yet choose to not fix the problem. Rather than make an inexpensive fix such as replacing a part that costs less than a dollar, a company will choose to save that money which, in turn, jeopardizes your safety.
We have the experience, technology, and knowledge to represent you if you've been injured by a defective product. Duncan Firm will use some of the nation's foremost experts to help recover the amount you deserve.
Defective Vehicles
Defective vehicles can seriously injure or even kill occupants when the vehicle defect either causes the accident or turns an otherwise survivable accident deadly. Such defects include:
- SUV rollovers
- Defective tires
- Safety device failure
- Defective brake systems
- Defective fuel systems
- Door latch defects
- Faulty steering systems
- Spontaneous acceleration
- Poor roof crush resistance
- Faulty engine lights
- Commercial truck cab guard defects
- Unsafe moving trailers
If you or a loved one has suffered injury or death due to a defective vehicle, you may be entitled to compensation. Contact Duncan Firm and let our defective product attorneys work with you and for you.
Defective Toys and Children’s Products
Defective product injuries are always traumatic, but even more so when the products involved are children’s toys. In 2007, 42 million unsafe toys were recalled, with only 6% of those returned to the manufacturer. Which means millions of unsafe toys are still in toy boxes, at childcare centers and on store shelves.
As parents, we trust toy and child product manufacturers to be sure their products are safe for use by children. When they fall short of that trust the results can be devastating. A child can’t judge whether a toy might be defective in a way that would make it unsafe, and must depend on adults—both parents and those responsible for producing the toy—to provide toys that are safe.
If you believe your child has been injured due to a defective toy or product designed for you use by an infant or child, you might need a defective product lawyer to evaluate your case. At Duncan Firm, PA, our team of attorneys is experienced in dealing with these kinds of cases, which often involve standing up against large corporations to demand proper restitution.
Some ways in which products can be found to be defective include:
- Design defects
- Defects in manufacture
- Incomplete or incorrect instructions
- Missing or incomplete warnings (for example, warnings of a choking hazard for children under three are not included on the toy)
- Failure of the company to honor a warranty
The Consumer Products Safety Commission maintains a list of toys and other children’s products that have been recalled due to safety hazards. This can be a valuable resource to parents who want to be sure items they purchase for their children are safe. Toys are most commonly recalled because they pose a choking hazard, but sometimes recalls involve other problems such as dangerous chemicals used in toy manufacture that pose a risk to children, especially young children who tend to chew on their toys. Other reasons for recall include:
- Toy poses a risk of fire
- Toy violates established lead paint standards
- Sharp edges on the toy present a risk of serious cuts
Fortunately, most toys are safe for our children to use due to Federal laws that ensure manufacturers follow proper guidelines. But if the unthinkable does happen, and your child is injured due to a defect in the manufacture of a toy, please contact Duncan Firm, PA today. We’ll do everything we can to fight for you and your rights as a parent.
To report a dangerous product or a product-related injury, call the CPSC hotline at (800) 638-2772 or visit http://www.cpsc.gov/talk.html.
Call or email our Little Rock, Arkansas product liability attorney at Duncan Firm and let us fight for you.
Playground injuries
A playground is supposed to be a safe, fun place for children to enjoy themselves. But things can go horribly wrong when swing sets, merry-go-rounds, slides and other recreational products are defective due to poor manufacture, insufficient maintenance or inadequate safety provisions. Suddenly a relaxing day out with your family turns to a painful and possibly tragic trip to the hospital.
Each year, over 200,000 children require emergency medical care due to injuries received on playgrounds. More than two-thirds of these injuries occur on public playgrounds. Injuries can range from cuts and bruises to broken bones or head injuries, some requiring hospitalization.
The most common injuries sustained in playground equipment incidents are, in order of frequency:
- Fractures
- Cuts and lacerations
- Bruises and abrasions
- Strains or sprains
Climbing equipment is the most common culprit in playground injuries, with falls being the major cause of injury. Since climbing equipment can be dangerous even when it’s properly maintained and not defective in its original manufacture, it can be even more devastatingly dangerous if it proves to be defective.
Always be sure your child follows safety rules on the playground. Following safety rules and being sure there is adequate supervision can prevent most playground equipment injuries in normal circumstances. In cases of defective equipment, however, even these precautions may not be enough to keep your child safe. Don’t assume an accident was due to carelessness on the part of you or your child—let a dedicated team of professionals determine whether or not you have a case due to defective playground equipment.
If your child has been injured on a playground due to defective equipment, you may be in need of an accident injury lawyer. The team at Duncan Firm, PA, can help determine if you have a case. As a family-run practice, we’ll do everything we can to secure fair compensation for your family. Our initial consultation is free and confidential. Let our experienced and compassionate team fight for your rights. Please contact Duncan Firm today.
Defective Equipment & Machinery Products
In an ideal world, equipment and machinery would work perfectly. But it doesn’t always, and sometimes even new equipment is defective due to poor construction or manufacturer negligence. If you work with defective machinery and are subsequently injured, you may be in need of help from the defectived product trial team at Duncan Firm, PA.
Because such injuries often involve large equipment, injuries suffered can be severe, requiring hospitalization and time lost from work. Such injuries can lead to long-term disabilities and decrease in quality of life. Any of the following can be reason to seek additional recompense for major injuries due to defective equipment or machinery:
- Daily, chronic pain
- Ongoing issues requiring continuing medical care
- Permanent disability or disfigurement
Any of these long-term issues can lead to significant decrease in quality of life, and can be grounds for pursuing a claim for long-term compensation. An experienced team of lawyers can determine whether your case would be eligible for such compensation.
In many cases, seeking restitution from an injury sustained due to defective equipment or machinery involves fighting for your rights against a large corporation. If you find yourself in this situation, you’ll want to have an experienced team on your side, to ensure you get what you need to pay for medical bills, time lost from work, and even long-term disability or loss of quality of life. These cases can be very complicated, and it can sometimes be difficult to prove that the machinery or equipment was, indeed, defective, and that the liability for your injuries lies with a negligent equipment manufacturer. An experienced team of lawyers knowledgeable in these kinds of cases can sort of the facts to bring you to a satisfactory conclusion.
Please contact the personal injury team at Duncan Firm, PA, if you have suffered an injury that you feel is due to defective equipment or machinery. Let us do the work to stand up for you against the large corporations liable for your accident. All consultations are no-cost and confidential, and we work on a contingency basis, so we only get paid if we secure a successful settlement. Please call or email Duncan Firm today.
Frequently Asked Questions About Defective Product Cases
Do I need a lawyer in a defective product case?
Defective product cases are complex and require lots of expertise from engineers
and scientists. Duncan Firm attorneys have experience working with experts
who can help prove that your injury was the result of a product defect Without
a lawyer, the chances of recovery are not as good.
Who can bring a defective product suit?
A product liability lawsuit may be brought by or on behalf of an individual
injured or killed by a defective product against the manufacturer of that
product, or against any entity involved in the distribution of the product.
What types of damages may be sought in a product liability lawsuit?
A person injured due to a defective product may seek compensation for: medical
expenses, physical pain and suffering, mental anguish, disfigurement, physical
impairment, loss of earning capacity, property damage, and punitive damages.
A person killed by a defective product may seek compensation for wrongful
death.
How do I prove a product is defective?
Proving a product is defective requires thorough investigation by scientists,
engineers, and other experts.
Can I bring a defective product case against a manufacturer for incorrect
product labeling?
Yes. Product warnings must be conspicuous and clearly
communicate a product’s
potential for harm if used improperly. Insufficient instructions, improper
labeling of products or the failure to warn consumers of a product’s
hidden dangers are all grounds for a suit. Negligent or intentional misrepresentation
of a product may also lead to a product liability claim.
Laws/changes we can stand behind
The Consumer Product Safety Improvement Act (CPSIA) was enacted in August 2008 and took effect in February of 2009. It brings about a number of changes to improve the safety of toys and children’s products.
Phthalates: Children's products (including toys, pacifiers, sippy cups, and mattresses) cannot contain more than 0.1% of certain phthalates, which are chemicals that make vinyl and other plastics soft and flexible.
Lead: Consumer products intended for children 12 and younger may not have more than 600 parts per million of lead in any accessible part.
The CPSIA limits on phthalates apply to toys for kids 12 and younger (except for bicycles, playground equipment, musical instruments, and sporting goods) and child care products that a child 3 or younger would use for sleeping, feeding, sucking, or teething.
While the effects of phthalates in people aren’t clear, animal studies have linked the chemical to possible reproductive effects in males, including decreased sperm count, infertility, and reproductive tract malformations.
The act also lowers the acceptable lead limits in children's products. Lead poisoning, which happens over many months or years of environmental lead exposure, can stunt children's growth and cause brain, kidney, and hearing damage.
Starting next year, children's product makers must test their products and certify that they meet CPSIA standards. In the meantime, products exceeding the lead and phthalate levels set forth in the act can be recalled.
