The attorneys of Nitkewicz & McMahon, LLP understand that products that are not safe for their intended use often injure people. Products sold to consumers can be inadequate in their design, manufacture or labeling. Injury can occur in the home from defective products used in our daily lives, from contaminated bags of spinach to hair dryers that cause fires. They can also injure us during recreation, such as when a motorcycle or football helmet fails to protect its owner.

Products sold to consumers are regulated by the U.S. Consumer Product Safety Commission. According to the USCPSC, more than 22,000 deaths and 29.5 million injuries occur each year due to defective or incorrectly labeled products. The injuries and deaths and associated property damage from defective products cost the American public over $500 billion annually.

Consumers have rights that protect them from defective or unreasonably dangerous products, and manufacturers have a duty to make a safe product. Unfortunately, that isn’t always the case.

In a product liability case, the law may find blame with any or all individuals involved in the manufacture or sale of a product. This can include the designer, manufacturer, supplier, and retailer. These individuals may be held liable for any injury their product causes.

The attorneys of Nitkewicz & McMahon, LLP  represent consumers who have been seriously injured by defective products, both at home and in the workplace. A defect is an imperfection that renders a product unsafe for its intended or reasonably foreseeable uses. There are three general kinds of defects: design defects, manufacturing defects, and warning defects.

• Design defects: Exists when a whole class of products is inadequately planned, such that it poses unreasonable risks to consumers. A car manufacturer's design of a vehicle with the fuel tank positioned so that it explodes in low-speed collisions can be classified as defective. When the design is defective, even products perfectly manufactured are defective.
   

• A Production or Manufacturing defect: Exists when a sound design plan is not followed and the product is improperly manufactured.
   

• Improper Labeling, Instructions, or Warnings: Dangerous products must carry warning labels that explain their proper use, the circumstances that are likely to cause harm, and what steps should be taken in an emergency involving the product. The Food and Drug Administration sets the minimum labeling standards that manufacturers must follow for regulating food (humans and animal), dietary supplements, drugs (human and animal), cosmetics, medical devices (human and animal) and radiation emitting devices (including non-medical devices), biologics and blood products in the United States. Proper labeling requirements also apply to claims made in sales materials, product displays, and advertising for FDA-regulated products. If these requirements are not met and a consumer is injured, a products liability suit can enable the consumer to recover the resulting damages.

Products liability cases require a thorough investigation by an experienced legal team to determine which organizations should be named as defendants and which legal theories should be pursued. It is also essential in products liability to take measures promptly to preserve evidence, document the chain of custody of the product, and to enable various expert witnesses to carefully evaluate the product which caused your injuries.

If you or a loved one has been injured by any defective product, contact the attorneys of  Nitkewicz & McMahon, LLP . We will prepare a comprehensive, compelling case for your right to receive monetary compensation for any injuries you or your loved ones may have suffered due to a product defect injury. We will investigate the facts, assess your claim, determine which parties and insurance companies are to be held responsible, organize all of the details of your case and pursue it vigorously in settlement negotiations or at trial. We stand ready and capable to provide our clients the highest caliber of professional service, with a personal touch and a friendly attitude.