Introduction
The majority of industries regard product liability claims with great concern due to their potential financial implications and reputational harm. In this article, we discuss the type of industries most associated with product liability claims, the claims in question, and how medical records review services assist attorneys in resolving such intricate matters.
What is Product Liability?
Definition and Legal Framework
• Product Liability: refers to the responsibility of manufacturers, importers, distributors, and retailers for any injury inflicted by a product with defects.
• Legal Theories: Arguments may be advanced on the basis of negligence, strict liability, or breach of warranty. In strict liability, a plaintiff is only required to prove that a product defect existed, and that such defect caused injury.
Types of Defects
- Design Defects: are the flaws found in the intended design of a product that makes it intrinsically unsafe.
- Manufacturing Defects: are the mistakes occurring in the production process where a product differs from the intended model.
- Marketing Defects: Is the failure to give adequate cautions and instructions or information regarding the risks posed.
Industries Facing the Most Product Liability Claims
Automotive Industry
Overview: The automotive sector is one of the most heavily monitored industries; however, the intricacy of vehicles gives rise to multiple claims of product liability.
Common Issues: Defective airbags, brakes that do not function properly, and engine breakdowns are causes of rampant litigation.
Case Example: The recall of Takata airbags that injured or killed many people and led to lawsuits in the hundreds of millions, is a prime example
Pharmaceutical and Medical Devices
Overview: This industry faces unrelenting scrutiny due to the perilous nature surrounding drugs and medical devices.
Common Issues: The possibility of severe health complications arise from side effects due to improper labelling, and defective devices.
Case Example: The legal battles over silicone breast implants is a prime example as it led to more than 20,000 lawsuits alongside a \$4 billion payout settlement.
Consumer Electronics
Overview: The pace of technological advancement in consumer electronics is so rapid that it creates many opportunities for oversight when it comes to consumer safety.
Common Issues: Injuries can stem from overheating batteries, bugs in the software, or improperly conducted safety checks.
Case Example: Product liability in this industry is glaringly obvious in the case of Samsung Galaxy Note 7, whose batteries led to problems and their resignation being seen as caused purely by product liability.
Children’s Products
• Overview: Claims concerning products liability are especially burdensome in relation to children’s products like toys and furniture due to the added risks children face.
• Common Issues: Children are at risk of severe injuries from choking on small pieces, poisonous materials, and poor construction of the products.
• Case Example: The legal consequences of the recall on The Fisher-Price Rock ‘n Play Sleeper due to reports of infant’s death was enormous.
Industrial and Construction Equipment
• Overview: Defective heavy construction tools and machinery can lead to significant danger both on the ground and to other people.
• Common Issues: Dangerous inadequacy of equipment or safety provisions, instructional manuals, and overall design are indispensable in avoiding injury on-site.
• Case Example: Manufacturing defects in cranes often lead to disastrous injuries from the collapse and increased expense of liability claims.
The Role of Medical Records Review in Product Liability Cases
Importance of Medical Records
• Evidence Gathering: Linkage between injuries and the damaged product needs to be substantiated with relevant medical documentation, which in this case, relies on medical records.
• Expert Analysis: Attorneys require assistance in exploring the medical history of the victim to uncover details of treatment and injuries to their limbs.
How We Help Attorneys
• Complete Reviews: Our medical record review services help attorneys dissect complicated medical histories in order to strengthen their cases.
• Testimony Provided By Experts: Our findings can serve as expert opinions which are very important when testifying in court.
Case Study
Case Study 1: The Takata Airbag Recall
• Overview: Takata Corporation suffered numerous lawsuits because they manufactured air bag inflators which were defective and caused injury and even death.
• Challenges: To prove how bad these injuries were and the cause and consequence relationship was difficult.
• Solutions: Medical assessment was conducted to prove how bad the injury was, and what effect the injury had in the life of the victim.
Case Study 2: The Fisher-Price Rock ‘n Play Sleeper
• Overview: This product was related to many infant deaths due to shortcomings in its design.
• Challenges: Assigning responsibility when parents are alleged to have misused the product is a tough slope to walk.
• Solutions: The document and its accompanying explain why the product is dangerous.
• Compensations: They were compensated for settling the case so long as the family covered the medical costs and ruined their mental health.
Conclusion
Knowing which industries are hit hardest when product liability claims are enforce is important for consumers and even lawyers. With the use of a medical record review services, lawyers can formulate stronger arguments and defend their clients.
