Every year, millions of Americans are injured or killed by defective and dangerous products. When designers, manufacturers, distributors, and other large, commercial entities fail to prioritize public safety over their own profitability, they can—and should—be held accountable.
At Fulmer Sill, our Oklahoma City product liability lawyers represent clients who have been injured or otherwise harmed by a wide variety of consumer products. In addition to single-plaintiff claims, our team handles mass torts and class action litigation against some of the world’s largest and most powerful corporations. We are known for our collaborative approach and for meticulously preparing cases for trial, as well as our long track record of success in this area of law. If you or someone you love was harmed by a defective or dangerous product, reach out to our team to learn how we can help you fight for the fair compensation you deserve.
What Is Product Liability?
Product liability law is similar to personal injury law in that it allows injured parties to bring claims against liable entities and recover compensation for specific damages. However, product liability law is different from ordinary personal injury law in several important ways. These differences can sometimes make it easier for injured parties to recover damages.
The general idea behind product liability law is that those involved in the process of creating and selling consumer products—including product designers, manufacturers, wholesalers, distributors, and sellers—have a legal responsibility to the public. They must create products that are reasonably safe for consumers to use, and which do not present an unreasonable risk of injury or bodily harm. When an entity fails to uphold this duty of care, leading to injury or death, that entity can be held liable.
Some examples of potentially liable parties in defective product cases include:
- Product designers
- Retail stores
At Fulmer Sill, we work with a variety of experts—including accident reconstructionists, economists, medical professionals, and others—when investigating defective product claims. Our team carefully reviews how an accident or injury occurred, as well as whether the product in question was subject to any voluntary or mandatory recalls. By carefully reviewing all available evidence and the facts of a case, our Oklahoma City product liability lawyers can build innovative and persuasive claims on behalf of our clients.
What Makes a Product Defective?
To be considered “defective,” a product must contain some flaw that renders it unreasonably unsafe for normal, intended use.
There are three main types of product defects:
- Design Defects: A design defect refers to a flaw in the actual design of a product that makes the product unreasonably unsafe for consumer use. For example, top-heavy SUVs that roll over when the driver makes a turn could have a defective design.
- Manufacturing Defects: A manufacturing defect occurs when a flaw is introduced during production. For example, a power tool that is manufactured without the proper safety guard installed would have a manufacturing defect.
- Marketing Defects: A marketing defect involves missing or improper warnings, instructions, and other safety labels. For example, a pharmaceutical medication that did not come with a list of possible side effects would likely be considered to have this type of defect.
There is a lot of room for subjective interpretation when it comes to determining whether a product is “defective.” It is important that you work with an experienced product liability attorney, like those at Fulmer Sill, who can help evaluate your claim and prove that your injuries and damages were the result of an unreasonably unsafe or defective product.
Types of Defective Product Cases We Handle
Our Oklahoma City defective product attorneys bring decades of collective experience to their practice of product liability law.
At Fulmer Sill, we handle all types of defective product claims, mass torts, and class action lawsuits, including but not limited to those involving:
- Construction defects
- Power tool injuries
- Table saw injuries
- Defective medical devices
- Dangerous drugs
- Asbestos and mesothelioma
- Necrotizing enterocolitis (NEC) related to baby formula
- Lorsban, paraquat, Roundup, and other harmful pesticides
- Asbestos-contaminated talcum powder
We have successfully gone up against major manufacturers, powerful insurance companies, and defense teams nationwide—and we have won, time and time again, for our clients. As true trial lawyers, we are not afraid to aggressively pursue these cases in court. We are dedicated to representing our clients’ best interests at every stage of the legal process, from negotiation and mediation to arbitration, litigation, trial, and appeal.
Like personal injury claims, product liability claims allow plaintiffs to seek compensation for damages, or losses associated with their injuries. The exact type of and amount in damages you can recover will depend on the specific details of your case, including the severity of your injuries, the cost of your medical care, whether or not you had to take time off work, your degree of fault (if any), and more.
That being said, many victims of defective consumer products recover the following damages:
- Past, current, and future medical expenses
- Past, current, and future pain and suffering
- Lost income, wages, and benefits
- Loss of future earnings and benefits
- Lost or diminished earning capacity
- Reduced quality or enjoyment of life
- Miscellaneous out-of-pocket expenses related to professional assistance, home modifications, and other costs
When you trust your case to Fulmer Sill, you can count on our team to fight tirelessly for the maximum compensation you are owed. We are ready to do everything in our power to recover full and fair compensation on your behalf, all while providing you with a high level of personal attention, service, and support. Our team is communicative and accessible, ready to assist you at every stage of the legal process.