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When Can You Take Legal Action Over a Defective Product?

Lawsuit document on a desk with a gavel, a pen, and an open law book in the background.

Defective Products Can Cause Serious Injuries—Know Your Rights

Defective products injure millions of people each year. From faulty medical devices and dangerous prescription drugs to automobile defects and household items that fail to function safely, defective products can cause life-changing harm. When a product fails to work as intended and leads to injuries or illnesses, victims have the right to hold manufacturers and other responsible parties accountable.

Taking legal action in these cases isn’t just about financial recovery—it’s about demanding accountability from companies that put profits ahead of consumer safety. If you or a loved one has suffered harm due to a dangerous or defective product, a defective product lawyer at the Ferrell Law Group can help you understand your legal rights and fight for the compensation you deserve.

What Is Considered a Defective Product?

A defective product is any item that poses an unreasonable risk of harm due to a flaw in its design, manufacturing, or marketing. Companies have a duty to ensure their products meet safety standards before reaching consumers. When they fail to do so, injuries can happen, and legal action may be necessary.

There are three main types of product defects that lead to lawsuits:

1. Design Defects

Design defects occur when a product is inherently dangerous, even when used as intended. The problem lies in the fundamental design, making the product unsafe for consumers before it’s even manufactured.

For example, Takata airbags were designed with an unstable chemical propellant that, over time, became volatile. This defect caused airbags to explode, sending metal shrapnel into vehicle occupants. As a result, millions of vehicles were recalled, and multiple injuries and deaths were reported.

2. Manufacturing Defects

A manufacturing defect occurs when a problem arises during production, causing the product to deviate from its intended design. In these cases, the product itself is not inherently dangerous, but something went wrong in the manufacturing process, making it unsafe.

One example is the Bard PowerPort, a medical catheter used for delivering medications or fluids. Some units were manufactured with missing safety features, leading to potential infections, blood clots, and life-threatening complications for patients.

3. Marketing Defects (Failure to Warn)

Even a well-designed, properly manufactured product can still be dangerous if consumers are not adequately warned about potential risks. Manufacturers have a responsibility to provide clear instructions and safety warnings to prevent harm.

Hair relaxers, for instance, were marketed as safe for regular use for years. However, research linked these products to an increased risk of uterine and ovarian cancer, particularly among Black women who relied on them for decades. The failure to disclose these risks has led to lawsuits from victims who developed cancer after long-term use.

If you believe a defective product caused your injury, you may be eligible to file a claim against the manufacturer or other responsible parties.

Who Can Be Held Liable for a Defective Product?

When a defective product injures someone, multiple parties may be held accountable. Product liability lawsuits often target:

  • Manufacturers – The company that designed, created, or produced the defective product.
  • Distributors – Third parties involved in marketing and selling the product to consumers.
  • Retailers – Stores, websites, or businesses that sold the defective item to the public.

Unlike other types of personal injury cases, product liability claims do not require proof of negligence. Under strict liability laws, companies can be held responsible even if they didn’t intend to cause harm. This means that if a product is defective and injures consumers, the manufacturer or seller is liable—regardless of whether they acted negligently.

When Can You File a Lawsuit for a Defective Product?

If a defective product has injured you, you may have grounds for a lawsuit. However, you must prove:

  • You were injured – A product liability claim requires actual harm. If a product is defective but didn’t cause injury, there is no case.
  • The product was defective – You must show that the injury resulted from a design, manufacturing, or marketing defect.
  • You used the product as intended – If the product was altered or misused in an unintended way, it may weaken your case.
  • The product lacked adequate warnings – If a manufacturer failed to disclose risks, this could support your claim.

In most states, the statute of limitations for defective product lawsuits is two years from the date of injury. If you believe you have a case, it’s crucial to speak with a product liability attorney as soon as possible to protect your right to compensation.

Common Defective Products That Lead to Lawsuits

At the Ferrell Law Group, we represent individuals who have been harmed by a wide range of dangerous and defective products, including:

  • Takata Airbags – These faulty airbags have caused severe injuries and deaths due to explosive malfunctions.
  • Philips CPAP Machines – These sleep apnea devices have been recalled due to toxic foam exposure linked to cancer.
  • Dangerous Prescription Drugs – Medications like Valsartan and Depo-Provera have been found to contain carcinogenic contaminants or undisclosed risks.
  • Defective Medical Devices – Products like the Bard PowerPort and hernia mesh implants have caused serious infections and complications.
  • Auto Defects – Issues such as tire blowouts, faulty brakes, and defective safety features can lead to catastrophic accidents.
  • Talc Powder & Hair RelaxersTalc-based powders and chemical relaxers have been linked to ovarian, uterine, and breast cancer, affecting thousands of consumers.

If you or a loved one suffered harm due to a defective product, our legal team can investigate your claim and pursue maximum compensation.

What Compensation Can You Recover in a Defective Product Lawsuit?

Victims of defective products may be entitled to recover significant compensation for:

  • Medical expenses – Covers hospital bills, surgeries, ongoing treatment, and rehabilitation.
  • Lost wages – If your injury prevents you from working, you may be compensated for lost income and reduced earning capacity.
  • Pain and suffering – Addresses the physical pain and emotional distress caused by the injury.
  • Wrongful death damages – If a defective product resulted in fatal injuries, families may pursue compensation for funeral expenses, loss of income, and emotional suffering.

Companies that profit from unsafe products must be held accountable. A product liability lawsuit ensures that victims receive the compensation they deserve while helping prevent future harm to consumers.

How a Defective Product Lawyer Can Help

Defective product cases are complex, requiring detailed investigations, expert testimony, and aggressive legal action. At the Ferrell Law Group, our lawyers:

  • Investigate the defect – Our team collects evidence, reviews product recalls, and consults with experts.
  • Prove manufacturer liability – We build a case showing how the defect caused your injuries.
  • Fight for fair compensation – We take on large corporations, insurance companies, and negligent manufacturers to secure the maximum possible recovery.

If you or a loved one was injured by a defective product, don’t wait to take legal action. Contact the Ferrell Law Group today for a free consultation to discuss your rights and options.

"Mr. Ferrell and his ENTIRE STAFF are very professional and know their stuff. I’ve always been treated with professionalism and respect from anyone I’ve dealt with. I call ALL of them MY Angels. Without the Ferrell Law Group on my side, I wouldn’t have even known all of my rights and what was available to me. I would highly recommend this law firm."
- Michael, ⭐⭐⭐⭐⭐

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