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Product Liability

Product liability pertains to a manufacturing defect, design or failure to warn the consumer of the products hazards. While there are a multitude of products available on the marketplace, these products may sometimes harm the consumer.

Author: Rudolph Fx Migliore

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Manufacturers, retailers and suppliers who distribute and sell products are solely responsible for the injuries their products may cause. Product liability pertains to a manufacturing defect, design or failure to warn the consumer of the products hazards. The U.S. Consumer Product Safety Commission works to ensure the safety of consumer products, while protecting the public from risk of serious injury or death. Unfortunately, in many cases dangerous products or defects with a product find their way into the marketplace every year.

Product Liability has three different categories: negligence, breach of warranty and strict liability. Strict liability makes a person legally responsible for the damage or loss caused by his or her actions. In tort law, strict liability is the imposition of the liability on a party without finding of fault. For example, an employer can be held liable for their employees or, most commonly, companies associate with defectively manufactured products. Additionally, strict liability also holds the manufacturer liable if the product is defective, even if the manufacturer was not negligent in making that product defective.

Fosamax and DePuy Hip replacements are examples of product liability cases. DePuy Hip Replacements are designed to replace worn or weakened parts of the body’s natural hip. Many implants are not fitting properly, due to poor design by the manufacturer, causing patients to feel pressure or experience pain. DePuy Orthopedics issued a global recall of its defective ASR Hip Resurfacing System and ASR XL Acetabular Systems. Those who have had one of the defective hip replacement systems implanted must now undergo a revisionary or second surgery due to pain, swelling and mobility issues. These additional surgeries cause extra pain and inconvenience to the patient, making DePuy liable.

Fosamax, the prescription drug to treat osteoporosis may now cause patients to face significant risk of hip/thigh/femur fractures. It was discovered that some patients using Fosamax had severe pain in joints, muscles and/or bones. Many of these patients who have suffered a broken femur, thigh or hip fracture after a minor fall from this medication do not have to be involved in an athletic activity for a fracture to occur. Victims of both Fosamax and DePuy Hip Replacements have had to seek medical attention due to the products malfunctions or defective functionality of the product.

While there are a multitude of products available on the marketplace, these products may sometimes harm the consumer. In this case there are may be companies that are liable. As with some defective medical products, the very medicines or products meant to improve patients’ lives actually cause harm or even death.

If you suffer serious injury from the use of a dangerous product, you have the right to pursue fair and complete compensation for medical expenses, pain, suffering and rehabilitation. For more information, please contact our office at 631-543-3663.

About Author

Rudolph Migliore, more commonly known as Rudy, is a well-known attorney with over 32 years of experience. Rudy has made Suffolk County, New York his home since 1963. He served in the U.S. Army National Guard from 1968 to 1974. A quintessential family man, Rudy strongly conveys this trait in his legal practice. Having four children of his own, ages 20, 18, 15 and 8, Rudy is well aware of the importance of family, the everyday challenges families face and the need to provide guidance for all members of the next generation to ensure the brightest future possible.

As a busy and active attorney, it is easy to forget the significance and relevance of family and community. However, Rudy always makes it a point to keep values and family at the top of his priority list. Recognizing family challenges and problems facing local communities, Rudy has dealt directly and compassionately with issues involving family, friends and complete strangers. For many who Rudy has helped, he has become “Uncle Rudy” and is always just a phone call away.

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