Product Liability

2. IN APRIL 2012, A MAN ALLEGEDLY WENT TO MCDONALD'S AND ORDERED ORANGE
JUICE ONLY TO FIND UPON DRINKING IT THAT A SMALL SPEAR-LIKE OBJECT WAS
STUCK IN HIS THROAT. UPON ATTEMPTING TO REMOVE IT, A SERRATED END SHOT
OUT, CUT HIM, AND THEN SLIDE DOWN FURTHER INTO HIS ESOPHAGUS. SUSPICIONS
ARE HIGH THAT IT WAS A MCDONALD'S ORANGE JUICE DISPENSER VALVE THAT HAD
FALLEN INTO THE CUP. THIS ODD AND DISTURBING STORY POINTS OUT THE FACT
THAT A COMPANY CAN BE SUED WHENEVER THEIR PRODUCT (EVEN FOOD ITEMS)
ARE MANUFACTURED OR SOLD IN A DEFECTIVE OR DANGEROUS WAY.

3. BASIC FACTS ABOUT DEFECTIVE
PRODUCTS
IT IS ESTIMATED THAT 23 MILLION DEFECTIVE PRODUCTS ARE IN USE IN THE UNITED STATES TODAY,
AND MORE PEOPLE ARE INJURED ANNUALLY IN THE U.S. DUE TO DEFECTIVELY MANUFACTURED ITEMS
THAN FROM ALL THE COMBINED ACTS OF STREET VIOLENCE. THE FINANCIAL COST IS IN THE RANGE
OF $700 BILLION A YEAR, AND THE COST IN HUMAN LIFE IS AT 20,000 ANNUAL DEATHS AND 200,000
MINORS RUSHED TO THE EMERGENCY ROOM FOR DEFECTIVE PRODUCT INJURIES. OVER A FULL
THOUSAND DEFECTIVE ITEMS ARE RECALLED PER YEAR, BUT THAT IS ONLY A SLIVER OF THE TOTAL
NUMBER SOLD AT STORES OR ALREADY PURCHASED AND BROUGHT INTO THE HOME. THERE HAS
BEEN A MARKED INCREASE IN WRONGFUL INJURY AND DEATH FROM DEFECTIVE AND DANGEROUS
PRODUCTS IN RECENT YEARS, ACCORDING TO THE UNITED STATES CONSUMER PRODUCT SAFETY
COMMISSION, UNFORTUNATELY FACING US WITH THE PROSPECT OF THE PROBLEM WORSENING.

4. STATE LAWS ON DEFECTIVE PRODUCT
LIABILITY
WHILE IN EVERY STATE ONE ENJOYS THE FREEDOM OF FIGHTING BACK AGAINST DEFECTIVE
PRODUCTS BY SUING FOR DAMAGES AND SEEKING IN SOME CASES PUNITIVE DAMAGES AS WELL,
THE STATUTE OF LIMITATION LAWS VARY WIDELY FROM STATE TO STATE. IN ARIZONA, FOR EXAMPLE,
THE LIMIT IS TWO YEARS FROM THE TIME THE INJURY IS FIRST DISCOVERED. WHILE THIS IS THE
USUAL METHOD, IN SOME STATES THE TIME PERIOD WILL RUN FROM THE TIME OF OCCURRENCE OF
THE INJURY, AND THE LENGTH OF TIME PROVIDED TO TAKE ACTION IS DIFFERENT IN EVERY STATE.
ARIZONA AND SOME OTHER STATES ALSO HAVE A STATUTE OF REPOSE WHICH LIMITS THE PERIOD OF
TIME FROM THE INTRODUCTION OF A NEW PRODUCT DURING WHICH A LAWSUIT CAN BE BROUGHT
AGAINST THE MANUFACTURER. IN ARIZONA IT IS A 12 YEAR SPAN, BUT AGAIN, EVERY STATE IS
DIFFERENT. THE STATUTE OF REPOSE DOES NOT ELIMINATE RIGHT TO SUE OVER FACTORY ERRORS OR
WARRANTY VIOLATIONS, BUT ONLY OVER THE GENERAL SAFETY OF THE PRODUCT ITSELF.

5. COMMON DEFECTIVE PRODUCT SUITS
WHILE ANY GOOD MARKETED CAN BRING LIABILITY, SOME OF THE MOST COMMON PRODUCTS THAT
LEAD TO INJURY AND SUIT FOR DAMAGES ARE: TOYS, BABY FORMULAS, CRIBS, MEDICATIONS,
MEDICAL DEVICES, AND AUTOMOTIVE PARTS. A COMMON CAUSE NOWADAYS IS THAT COMPANIES
THAT HAVE RELOCATED OVERSEAS WHERE STRICT MANUFACTURING SAFETY LAWS DO NOT APPLY
MAY TEND TO LET DEFECTIVE PRODUCTS SLIP BY THEM AND INTO THE CONSUMERS HANDS.
COMPANIES ON AMERICAN SOIL, HOWEVER, ARE NOT FREE FROM INCIDENCE OF DEFECTIVE
MANUFACTURING EITHER.
OFTEN IT IS POSSIBLE TO SHAVE OFF EXPENSES BY LOWERING CERTAIN SAFETY PRECAUTIONS, AND
UNFORTUNATELY THIS IS THE LIKELY CAUSE OF QUITE A FEW INJURIES AND EVEN DEATHS.

6. LEGAL HELP FOR VICTIMS OF DEFECTIVE
PRODUCTS
EXPERIENCED DEFECTIVE PRODUCT ATTORNEYS CAN ASSIST THOSE WHO HAVE
SUFFERED INJURIES DUE TO THE NEGLIGENT MANUFACTURING METHODS OF
BUSINESSES. SKILLED LAWYERS WILL BE ABLE TO HELP YOU IN YOUR QUEST TO
OBTAIN FULL COMPENSATION FOR ALL LOSSES YOU HAVE SUSTAINED.

7. DISCLAIMER:
THE LAW PRACTICE OF GOLDBERG & OSBORNE PRESENTS THIS EDUCATIONAL
INFORMATION TO READERS. THIS INFORMATION AND FACTS WAS DRAFTED BY
AN INDEPENDENT CREATOR. THE PURPOSE IS TO PROVIDE INFORMATION ONLY.
GOLDBERG & OSBORNE ASSUMES NO LIABILITY FOR DISCREPANCIES IN THE
SUBJECT MATERIAL. IT'S BEEN MADE ATTAINABLE TO VIEWERS WITHOUT
HAVING BEEN EVALUATED OR MODIFIED BY THE LAW FIRM.