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Hundreds of thousands of consumers receive emergency room treatment every year due to injuries caused by defective products. Injury victims are entitled to compensation whenever an injury is related to a defect in the design or manufacturing of a product, or to a failure to warn the consumer of the risks associated with the product. In some cases, it makes sense for victims to pursue compensation collectively by means of a class action lawsuit.
Defective product lawsuits are a particularly useful means of achieving justice when consumers have not yet suffered a provable injury from a defective product, but have been exposed to a risk of future health problems. A child who has been chewing on a toy that is coated with lead paint is one example. Even if no present injury exists, parents and the child will need to incur time and expense (and suffer emotional distress) from monitoring the child’s health in the future. “Medical monitoring” claims are often best addressed in class action lawsuits, since they are more likely to impress upon the manufacturer (and the courts) the severity of the problem.
The defective product attorneys in California at The Haeggquist and Eck Firm assist consumers in bringing class action lawsuits to recover compensation for past and future harms that they suffered due to defective products. Nearly any product defect that causes an injury or elevates a risk of future injury may give rise to a class action lawsuit. The following are some of the more common categories of product defects that create liability for manufacturers and sellers.
Defective Vehicles
Class actions are appropriate when a defective component in a car or truck causes accidents that injure drivers or passengers, as well as defective safety devices that fail to protect drivers or passengers from injury. Recent examples of product defects involving vehicles include:
- Exploding airbags.
- Defective ignitions that cause vehicles to lose power.
- Faulty wiring that leads to car fires.
- Defective steering mechanisms.
- Faulty latches that cause hoods to fly open.
- Defective transmissions that unexpectedly shift a car into or out of gear.
- Tires that fail and cause accidents.
Personal Care Products
In an ideal world, cosmetics, toothpaste, body powders, and other personal care products would be perfectly safe. In reality, companies have often marketed personal care products that cause cancer or other serious health conditions. Examples include:
- Talcum powder that increases the risk of ovarian cancer.
- Cosmetics, perfumes, hair sprays, and other care products that injure the reproductive system.
- Tampons that cause toxic shock syndrome.
- Deodorants that irritate skin or cause rashes.
-
Hair care products that cause
hair loss. - Hair coloring that causes chemical burns and blisters.
Deceptive advertising can lead some consumers to believe a product is intended to be used dangerously.
Infant Care Products
According to the Consumer Product Safety Commission, nursery products accounted for more than 69,000 emergency room visits during 2014. Children are particularly vulnerable to injury from products like the following:
- Unsafe child seats.
- Cribs and playpens that allow infants to push their heads between slats or rails.
- Bedding or mattresses that emit toxic gasses.
- Teething rings and baby rattles that pose a choking hazard.
- Teething rings, baby rattles, pacifiers, and bottle nipples that have been manufactured with phthalates, a group of hazardous chemicals associated with reproductive defects.
Toys
Many toys are recalled every year due to safety concerns. Almost any kind of toy might be unsafe if it is not property designed or manufactured. Safety hazards include choking on small parts, poisoning from toxic coatings, and eye injuries from toys that have points or jagged edges. Examples of unsafe toys include:
- Scooters that are not properly balanced.
- Dolls with small removable parts.
- Toy cars with detachable wheels.
- Hard plastic toys that easily break.
- Soft plastic toys made from toxic materials.
- Dolls and action figures that are coated with lead paint.
- Electronic toys that cause burns or shocks.
- Toys that easily come apart, exposing screws or other sharp points.
- Small magnets that, when swallowed, cause severe internal injuries. Pocket bikes (small motorbikes) that are marketed without appropriate risk warnings.
Sporting Goods
Athletic products too often increase the risk associated with playing a sport or engaging in a recreational activity. Here are some examples of dangerous sporting goods:
- Defective safety levers on firearms that cause the gun to fire unexpectedly.
- Balancing (exercise) balls that explode when they are over inflated.
- All-terrain vehicles that tip over.
- Snowboard or ski bindings that detach unexpectedly.
- Trampolines with insufficient padding.
- Snorkeling masks that break underwater.
- Unsafe bicycles and tricycles.
Drugs
Class actions are often initiated on behalf of patients who have been harmed by dangerous drugs when they were not warned about potential consequences of taking the drugs. Here are some examples:
- Anticoagulants that cause internal bleeding.
- Over-the-counter bowel cleansing products that cause kidney failure.
- Proton pump inhibitors that increase vulnerability to broken bones.
- Antidepressants that lead to suicidal behavior.
- Antibiotics that cause tendon ruptures.
- Oral contraceptives that cause strokes, heart attacks, and dangerous blood clots.
- Diabetes drugs that increase the risk of pancreatitis.
Medical Devices
Any device that your doctor recommends should be safe and effective. Unfortunately, some cause serious health problems that are not explained to patients who agree to use the devices. Examples include:
- Birth control coils that cause painful complications.
- Defective heart valves.
- Hip and knee implants that fail prematurely, leading to health complications and additional surgery.
- Transvaginal mesh and pelvic sling devices that erode and cause perforation of organs, vaginal bleeding, and chronic infection.
- Bone filling material used in bone grafts that causes respiratory difficulties and dangerous swelling in the neck and throat.
Home Products
Many products that consumers use in their homes turn out to be dangerous. Defective wiring, inferior materials, and poor design all contribute to consumer injuries. Below is a resource to some common examples:
- Electric blankets that overheat and cause burns.
- Lighters that accidentally ignite or that explode in the consumer’s hand.
- Batteries that overheat and start fires.
- Mattresses that easily catch on fire.
- Improperly vented containers for storing gasoline and other flammable liquids.
- Herbicides and pesticides that poison the people who use them.
- Home construction and appliances
- Appliances and materials used in home
Construction may create dangers for unsuspecting homeowners. Examples include:
- Refrigerators that spontaneously ignite and start fires.
- Stoves and microwaves that cause handles to overheat, burning product users who touch them.
- Flooring materials that contain formaldehyde or other toxic chemicals.
- Defective smoke detectors and sprinkler systems.
- Gas water heaters that cause residential fires.
- Defective furnaces that leak carbon monoxide.
Defective Product
Class Action Lawsuits
In appropriate cases, a California defective product lawyer helps consumers maximize the compensation they receive for injuries caused by defective products. Whether a class action is the right approach to a products liability case requires a careful analysis of the facts and law. The attorneys at The Haeggquist and Eck Firm can advise you whether your injury from a defective product should be pursued as an individual claim or as a class action lawsuit.
How We Help Victims
If you or your loved one suffered from a defective product, speaking with a defective product lawyer in California at The Haeggquist and Eck Firm will help you to better understand your options and help you to make a decision that is in the best interest of you and your family. Our firm has worked with people from all over California such as Orange County, San Diego and Los Angeles to name a few. Call (949) 724-9200 today to obtain a free case evaluation from experienced professionals.
Haeggquist & Eck, LLP’s class action law attorneys in San Diego offer free case evaluations to help you understand how we can assist you with your claim. Contact us online or call (619) 342-8000 for more information.
What Are the Benefits of
a Class Action?
Class actions are based on the idea that there is strength in numbers. They allow individuals to file lawsuits to challenge unfair, unsafe, or illegal practices. While the prospect of a class action may seem overwhelming to a single person, this type of suit can successfully reform or stop unfair practices more successfully than an individual claim could.
Class actions have been used to promote civil rights, consumer rights, employee rights, the right to fair housing, the right to medical care, and are also used to fight securities fraud and antitrust violations. They have advanced the rights of people injured by defective or harmful products like cigarettes, defective tires, defective vehicles, asbestos, Agent Orange, breast implants, and many others. Often, class actions help the government enforce laws, make business practices safer, keep unfair business practices in check, and compensates consumers or investors for the harm they suffered at the hands of corporations.
How Do I Know If My Claim Is Appropriate for a
Class Action Lawsuit?
Various laws are in place to protect your rights as a consumer or investor to prevent businesses or other entities from injuring you or treating you unfairly. The government, however, clearly does not have the resources to monitor every action every business takes and to enforce all of those laws.
Inadvertently or deliberately, a business or other entity may violate a law or contract or act in a way that it is unfair, illegal, or unsafe for the public. It may be on such a small scale on the individual level that the violation goes unchecked, but the same violation can be constantly taking place and affecting dozens or millions of people. Corporations may not correct a wrong voluntarily where doing so is expensive, unprofitable or embarrassing, which is a classic situation that can lead to a class action lawsuit. If you recognize a situation like this, reach out to our class action law attorneys at Haeggquist & Eck, LLP today for help!
What Does It Cost to Bring a
Class Action?
If you’re bringing a class action lawsuit forward, it won’t cost you anything to do so because such cases are brought by attorneys working on a contingency fee basis. This means that attorneys do not get paid unless the lawsuit is successful. The attorneys advance the money and time needed for the lawsuit on behalf of the representative and the class. If the class action is successful, the attorneys apply to the court for an award of their fees and reimbursement of expenses. It is up to the court to determine the fee, and the attorneys alone risk the possibility of not getting paid.
What Is a Class
Representative?
Only one representative is required to bring a class action. A class representative is typically an individual or a company that believes it has been wronged, realizes that others are being injured similarly, wants the offending practice to end, and wants to be compensated with the other members of the class for monetary damages. A class representative is one of the named or “lead” plaintiffs in the lawsuit.
How Do I Become a
Class Representative?
An individual or entity that feels it has been wronged and realizes that others are likely being injured as well should contact class action law attorneys in San Diego, like ours at Haeggquist & Eck, LLP, who have a lot of experience handling class actions. Our team will meet with that person and then examine the matter to determine the best course of action based on our evaluation of the merits of the case. If we decide to go forward in filing the class action, the individual or group would act as the class representative. We would then bring the lawsuit forward in the person’s name and on behalf of a defined class of similarly situated persons.
What Is Expected of a
Class Representative?
The class representative does not need to pay any money to bring the suit, but they may have to provide paperwork and background information that’s relevant to the case. Over the course of the lawsuit, the representative may have to answer questions about the case, which includes sitting for a deposition. The representative would be guided and assisted in these matters by his or her class action law attorneys in San Diego. During the course of the lawsuit, the representative will be periodically called upon to assist in the suit and help make all major case decisions with the advice of their lawyers. If the suit is successful, the representative generally receives extra compensation (with court approval) for their time and contribution.
What Steps Are Involved in a Class Action
and Does It Take a Long Time?
After the attorneys thoroughly investigate the facts and examine the law that will correct the wrong, a letter may be sent to the alleged wrongdoers to try and obtain the desired relief without litigation. If the law firm decides to proceed with litigation, it will file a lawsuit with the representative as lead plaintiff.
San Diego class action law attorneys will then ask the court to certify the suit as a class action, and if the case meets the legal requirements, the court will certify the case and it will move forward. As appropriate and with the representative’s authorization, the attorneys may negotiate with the opposing counsel to obtain a reasonable compromise or settlement for the class. Although every case is different, it typically takes several years to achieve a successful resolution to a class action lawsuit.
If you think you have a class action claim, contact Haeggquist & Eck, LLP online today or call (619) 342-8000 for help.
