Product Liability

We believe that negligent manufacturers should pay for faulty, harmful or carelessly marketed products.

Imagine driving in your new car with your family on a warm summer day when suddenly, you step on your brakes and the car doesn't stop. What if your child suffered serious medical complications after taking a prescription medication? Defective products injure millions of Americans every year. A "defective product" is one that causes injury or damage to a person because of some defect in the product, its labeling, or the way the product was used.

According to the Consumer Product Safety Commission (CPSC), in 2009 there were an estimated 212,000 emergency room visits for dangerous toy use alone. When a product or machine malfunctions and causes an injury, O'Malley & Langan will launch an immediate investigation.

Consumer products liability refers to the liability of any and all parties along the product's chain of manufacture for damage caused by that product. This could include manufacturers of component parts, an assembling manufacturer, and more. When a defective product is identified, judicial rulings can affect not only your individual case, but the safety and rights of millions of other Americans.

If you've been injured by a faulty product, it is critical that you keep the product in your possession so that you can prove it was defective. Simply being injured while using a product doesn't mean you have a case. You must prove that it was defective, and the that the defect caused your injury.

We represented an elderly, disabled client who was the victim of a near-fatal accident involving an ambulatory scooter. Working closely with the U.S. Products Safety Commission, O'Malley & Langan was able to prove that the brake failure was the result of a defective part and recovered a favorable settlement on our client's behalf.

You have rights! In most jurisdictions, legal action may be based on four different theories: Negligence, Breech of Warranty, Misrepresentation and Strict Liability.

Negligence refers to the absence of, or failure to exercise, proper or ordinary care. It means that an individual who had a legal obligation either omitted to do what should have been done or did something that should not have been done. A manufacturer can be held liable for negligence if lack of reasonable care in the production, design, or assembly of the manufacturer's product caused harm. For example, a manufacturing company might be found negligent if its employees did not perform their work properly or if management sanctioned improper procedures and an unsafe product was manufactured.

Breach of warranty refers to the failure of a seller to fulfill the terms of a promise, claim, or representation made concerning the quality or type of the product. The law assumes that a seller gives certain warranties concerning goods that are sold and that he or she must stand behind these assertions.

Misrepresentation in the advertising and sales promotion of a product refers to the process of giving consumers false security about the safety of a particular product, ordinarily by drawing attention away from the hazards of its use. An action lies in the intentional concealment of potential hazards or in negligent misrepresentation. The key to recovery on the basis of misrepresentation is your ability to prove that you relied upon the representations that were made. Misrepresentation can be argued under a theory of breach of express warranty or a theory of strict tort liability.

Strict liability involves extending the responsibility of the vendor or manufacturer to all individuals who might be injured by the product, even in the absence of fault. Injured guests, bystanders, or others with no direct relationship to the product may sue for damages caused by the product. An injured party must prove that the item was defective, the defect proximately caused the injury, and the defect rendered the product unreasonably dangerous.

At O'Malley & Langan we take consumer protection very seriously. If a faulty or defective product has injured you or someone you know, you should get legal help right away. Contact us to schedule a free, confidential consultation.