Product Liability

As a consumer, you have the right to be safe from harm when you or a family member uses an everyday product. Let’s say you buy a new playpen for your one-year old child. If your child sustains a head injury by being caught between the bars of the playpen, you may be eligible to receive compensation for your child’s injury.

Product liability is the area of the law that protects consumers from product injury. Products include almost anything that is sold, except real estate and services. Examples of defective products include machines used in the office as well as in the home. Other types of products that can cause personal injury include food products sold in super markets and restaurants as well as over-the-counter and prescription drugs.

A claim under product liability law may result when negligence by the parties along the chain of production and distribution results in a defect of the product that causes injury.  A product can be defective because it was negligently designed or manufactured, incorporates a hidden danger, insufficient warnings or lacks instructions for proper usage.

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Manufacturers are strictly liable for their products and have a duty to make sure that their products are safe before making them available to the public for use or consumption. When they fail to do so, serious injuries or death can result. As with any personal injury or wrongful death case, our goal is to assist you in recovering from both economic and emotional losses.

The attorneys at Lilly, O’Toole & Brown have successfully prosecuted cases involving the defective design/manufacture of many dangerous products.

Types of Product Liability

Many consumers suffer burns, allergic reactions and other injuries from everyday household chemicals and equipment, including:

  • Denture Creams
  • Art Materials
  • Indoor Air Pollutants
  • Charcoal
  • Kitchen Ranges and Ovens
  • Dishwashers
  • Lead Hazards
  • Faucets (Lead Hazards)
  • Microwaves
  • Furnaces
  • Notebook Computer Batteries

  • Contact Lens Solution
  • Garage Door Openers
  • Paint and Paint Strippers
  • Halogen Lamps
  • Power Tools
  • Heaters
  • Sprinklers
  • Home Electrical Wiring
  • Tap Water Scalds
  • Humidifiers/Dehumidifiers
  • Wood Stoves

Sports and Recreation Injuries

The active world of sports and recreation present a wide range of possible injuries. Sports equipment or facilities used in the activities listed below frequently cause harm to participants:

  • Goodyear Dunlop D402 Tires
  • Yamaha Rhino ATVs
  • Suzuki GSX-R1000
  • Motorcycles
  • Amusement Rides
  • Helmets
  • Baseball
  • In-Line Skates
  • BB Guns
  • Playground Equipment

  • Bicycles
  • Skateboards
  • Exercise Equipment
  • Gardening
  • Soccer Goals
  • Go-Karts
  • Four Wheelers
  • Dirt Bikes
  • PWCs
  • Trampolines

If you or someone you love has been injured by a defective product, contact Lilly, O’Toole & Brown today at one of our many locations for a free and confidential case evaluation »

Defective Children’s Products

Children are so vulnerable, relying on parents to watch out for their health and safety. That’s why it’s particularly heartbreaking to see an infant injured by a defective or unsafe product. Children’s product hazards identified by the U.S. Consumer Product Safety Commission include:

  • Baby Beds/Cribs
  • Adult Bed/Water Bed Hazards for Children
  • Juvenile Furniture
  • Baby Bath Seats/Rings
  • Pacifiers
  • Baby Back Carriers/Carrier Seats
  • Rattles
  • Baby Gates/Enclosures

  • Strollers/Carriages
  • Balloons
  • Teethers
  • Booster Seats
  • Walkers
  • Children’s Toys
  • Water Toys
  • High Chairs