Defective Products FAQs

Do I need a lawyer in a defective product case?
Defective product cases are complex and require lots of expertise from engineers and scientists. Janet, Jenner & Suggs 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.