Created: 23 December 2020
Mahoney Law, PLLC of Idaho provides product liability law firm services to those seriously injured by unreasonably dangerous and unsafe products. Our product liability attorney assists individuals and families who have suffered injury or death due to unsafe products, with either manufacturing defects or design defects. Mahoney Law’s product liability lawyer helps you investigate and determine if a claim or lawsuit is appropriate for injuries or death from products that malfunction and cause catastrophic harm.
Personal injury from a product can take many forms, and can arise from many different types of products. Burn injuries, amputation injuries, paralysis, severe lacerations, inhalation injuries, as well as tragic wrongful death situations can all be caused by unsafe consumer products. The full range of products have been implicated in injuries and death, from vehicles, to home consumer products, to dangerous equipment used on the job, to recreational products and equipment as well.
Some product liability law basics are as follows. First, each state will have its own time deadlines within which to take legal action on any sort of personal injury or wrongful death case, including those due to product liability. Idaho usually has a two year statute of limitations, but that can vary depending on the situation and the age of the claimant. There may also be a so-called “statute of repose” that may govern how old of a product can give rise to a valid lawsuit. Second, most states have statutes that apply to product liability cases. For example, in Idaho, we have the Product Liability Reform Act: https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch14/ This sets forth certain technical, legal details that apply to injury and death cases due to product liability as to which the law firm you hire should have good knowledge. Third, federal regulations may apply to a product liability claim involving personal injury or wrongful death, depending on whether the manufacturing of the product is subject to federal regulation. A common example of this are various federal motor vehicle standards, which may give rise to the sometimes complicated legal doctrine of “federal preemption,” wherein product manufacturers argue that state law claims cannot be brought due to the existence of federal standards. Fourth, state courts as well as federal courts have decided cases involving product liability. That case law may have precedential effect on a new product liability case as to which your attorney should be familiar. Fifth, very generally speaking, the person bringing the product liability personal injury lawsuit or product liability wrongful death claim must prove through their lawyer that a product is unreasonably dangerous, defective, and/or that a failure to provide adequate warnings is involved. This is usually done through evidence of malfunction and expert witness testimony, typically by engineering experts and human factors experts with expertise as to the subject area at issue.
Here are a few of the types of product liability cases that Mahoney Law’s product liability lawyer has handled:
· Flammable fabric case involving ignited clothing and severe burns to a child
· Defectively designed archery equipment that impaled the hunter’s hand
· Defectively designed yard maintenance equipment that impaled the user’s leg
· Unsafe cleaning chemicals that exploded and burned the user’s eyes
· Unreasonable dangerous pharmaceutical drug that caused severe renal failure and death
· Hair removal laser case involving a failure to warn and eye injury
· Severe injuries due to a manufacturing defect in a bicycle frame
· An auger used on the job that did not have proper guarding leading to the near amputation of the user’s arm.
If you, a family member, loved one, or friend has suffered personal injury or wrongful death due to an unsafe product, please do not hesitate to contact us here at Mahoney Law in Idaho for a free, and confidential review to determine if there might be a product liability case.