Defective Products Statistics in the U.S.

The U.S. Consumer Products Safety Commission (CPSC) compiles reports on injuries and deaths from various categories, including children’s toys, furniture, sports equipment, and kitchen items. While injuries from consumer products decreased in 2020 during the pandemic, they have begun to rise again in the years since, with 12,740,256 injuries happening in 2023. The CPSC maintains Recalls.gov, where consumers can search for existing recalls on products they may have purchased.

In addition, the Food & Drug Administration (FDA) reported 83,000 recalls for regulated products between 2021 and 2023. These items include human and animal food, medications, medical devices, tobacco products, vaccines, and cosmetics. Recalls on products such as these are an alarming reminder that even when something is approved by government agencies and put on sale, there are still risks to you as a consumer.

Types of Defective Product Claims We Handle

Our defective products attorneys have a strong background in managing every type of claim, regardless of the circumstances. There are three main types of claims for defective products:

Design

When the basic design of a product is not safe, it cannot be produced safely. For example, the distance between bars in a baby crib is set by the CPSC to prevent suffocation, neck injuries, or falls to infants. If a manufacturer sells cribs that do not meet these standards, they are in violation and could be held liable by families of injured children. 

Other examples of design defects are food or drugs tainted with dangerous levels of unsafe substances or lithium batteries that leak due to poor case design. Whenever a company fails to perform research and testing to ensure its product design is safe, it could be at fault for design defects.

Manufacture

Suppose the design is sound, but the manufacturing process causes defects in the product. For example, if assembly line workers install hinges on a child’s toy incorrectly, children may suffer injuries. Another example would be the Takata airbag recall, which affected over 67 million vehicles because the improperly installed airbags would explode unexpectedly. 

Your defective products attorney can request maintenance records, training logs, video footage, and other evidence from the manufacturer that might support a claim of negligence. Access to this information is a critical reason why it is wise to hire a product liability lawyer instead of facing large companies on your own. 

Marketing

Marketing errors can involve a range of materials, such as the packaging, labeling, instructions, and brand messaging. For example, if the instructions do not inform the user of essential information to ensure safe use, the product may cause illness or injury. Other examples include commercials that promise certain effects or outcomes when the product is not designed to deliver those results. 

If you bring a claim against a company based on their marketing, they may try to show you did not follow the instructions or that you misinterpreted their branding claims. However, a skilled product liability attorney will work with you to establish any wrongdoing on the company’s part.

How Your Defective Product Lawyers Will Demonstrate Liability in Your Claim

The most crucial task in your case will be showing evidence indicating the other party’s negligence and liability for your losses. There are 4 elements your product liability attorneys will address:

1. Duty of Care: Your lawyer will work to establish that the other party owed you a duty of care. This may include presenting laws and regulations overseeing product design, manufacture, or marketing.
2. Breach: Your attorney will show how the company breached (or failed to uphold) their duty to you by designing, making, or marketing a defective product.
3. Cause: Next, your lawyer must establish a direct connection between the defective product and your injuries, often using medical records, photos, and other details showing what happened.
4. Damages: Finally, your attorney will present bills and other material showing the value of your losses and request compensation from the at-fault parties. 

Whether your lawyer is negotiating an insurance settlement or litigating your case in court, they must meet the burden of proof for all 4 elements. When they do so, they can often demand more during negotiations. In a trial, the evidence may more effectively persuade the jury to award full damages.   

Who May Be Responsible in Your Portland Product Liability Case

When you are hurt by a commercially available product, you may be unsure about who is at fault. Can you sue the seller or the manufacturer? Determining the liable parties is part of your product liability attorney’s job to ensure those at fault are not able to hurt anyone else.

Here are some potentially liable entities in a defective products claim:

• Product designers
• Manufacturers
• Distribution companies
• Installers
• Distributors
• Marketers, including national and local agencies
• Retailers

Unfortunately, you should expect the other parties to push back against accepting any blame, and they may even claim you were at fault for your injuries. Your attorney will work to present evidence that you used the product correctly and are not liable. 

What If I Am Partly at Fault for My Defective Product Injury?

Suppose you did not follow the instructions closely when using a toaster and suffered burns on your hand. You may still be able to bring a product liability claim if you can show the toaster was defective through its design, manufacturing, or marketing. It is vital to be honest with your lawyer about what happened so they can prepare to fight back against claims that you are responsible.

Under Maine law, you can still seek compensation as long as you are less than 50% at fault. If you are found 20% responsible, the court will reduce your settlement or jury award by that same amount. So, a $10,000 damage request would be reduced by 20% (or $2,000) to $8,000. 

Evidence Is Key in Creating a Powerful Defective Product Claim

When you are suddenly injured by a defective product, you should get medical care immediately. Yet, you should take other steps to preserve evidence that may support your case. These include keeping copies of your medical records, taking photos of your injuries, and preserving the product and packaging.

Your product liability lawyers in Portland, ME will also help you collect documentation, such as:

• Dash camera footage and police reports for a vehicle accident caused by a malfunctioning automobile component
• Design project records for a faulty toaster oven
• Training logs for assembly line workers who built a defective golf cart
• Revision history for marketing documentation
• Recall information from government agencies
• Internal communications regarding known issues with a product
• Testimony from experts in relevant fields

You should also write down your account of what happened and ask any witnesses for their statements. 

You Can Seek Economic and Non-Economic Damages in Your Defective Product Claim

There are numerous kinds of damages you can claim, including those with a specific price (economic losses) and those that are more subjective (non-economic). If you file an insurance claim, you will likely only recover economic damages, since most insurance policies do not cover subjective losses. To get compensation for substantial pain and suffering, you may need to file a personal injury lawsuit and go to trial.

The details of your case will also impact the personal injury damages you can recover. For example, if you suffer damage to your fingers and hand from a faulty blender, you may require surgery and be left unable to work. Some common types of losses we have helped clients seek include:

• Medical bills, including ICU, ER, surgical, and follow-up visits
• Prescription and over-the-counter medication costs
• Travel expenses for treatment
• Lost income while you heal
• Lost earning capacity if you cannot return to your former work
• Lost benefits, bonuses, retirement savings, and insurance coverage
• Permanent disability
• Anxiety, depression, and PTSD
• Mental anguish
• Loss of society from scarring and disfigurement

Insurance claims are unlikely to cover the full range of losses when you have serious injuries, since you may need months of rehabilitation and therapy. If you are severely disabled, you could require lifelong care and be unable to support yourself. Your product liability lawyer will help you assess the value of your claim and ensure you are not left with financial burdens from another party’s carelessness.

What Does It Cost to Hire a Superior Product Liability Lawyer in Portland, ME?

You may worry that partnering with a law firm will cost too much when you are already struggling to pay your unexpected medical costs. At Berman & Simmons, we recognize this concern and start by offering a free case review so you can get answers to your questions. We then offer a contingency fee structure so you do not pay upfront retainers that can affect your financial stability. 

Contingency fee plans mean you do not pay anything until we secure a settlement or jury award in your case. We take our fees and the costs for your case as a percentage of your settlement, then give you the rest. Throughout your case, we confer with you about additional costs, such as for expert testimony or accident reconstruction services, so there are no surprises.

Because we only take cases we believe we can win, you can have the confidence you need that we will fight fiercely on your behalf. Working with our team means you do not have to worry about unexpected complications that could derail your case. We handle everything for you so you can put your energy into getting better.  

Do I Really Need to Hire a Lawyer for My Defective Product Case?

If you are highly skilled or educated, you may feel you can handle an insurance claim against a company by yourself, without needing to hire an attorney. Because defective product claims can become complex very quickly, you may find yourself overwhelmed with all the paperwork and negotiation on top of trying to recover physically. It is also easy to make an honest mistake that hurts your claim if you do not have significant experience dealing with insurance companies.

Insurance companies and big corporations are not on your side when it comes to defective product claims. They will often prioritize their profits over your injuries, working to deny or reduce your settlement. If you are not ready for the fight, you could accept less than you need when a qualified attorney could negotiate more.

The Statute of Limitations Allows Six Years to Bring a Claim

In most states, you have a limited time to file a personal injury lawsuit. In Maine, the statute of limitations for defective product claims is a very generous 6 years, yet you still must act quickly after you have been hurt. Building a persuasive and solid case takes time, and the more you can provide for your product liability attorney, the stronger your claim can be.

By acting quickly on your personal injury claim, you not only meet the timeline for filing a case, but you will likely be able to reach a settlement agreement faster. This allows you to get the financial relief you need from those at fault and pay your bills faster. If you wait too long, you could lose the chance to recover compensation through the courts.

There may also be other circumstances that could shorten or lengthen the statute of limitations. For example, if the victim is a minor, the clock does not start ticking until their 18th birthday. If you are filing against a government agency, you may only have one year to file. Your attorney can advise you whether any variations apply to your case when you speak during a free consultation. 

Contact Our Portland Defective Products Lawyers Today

If you or a loved one is hurt by a defective or malfunctioning product in the Greater Portland area or Cumberland County, act now to schedule a free case evaluation with a defective product lawyer at Berman & Simmons. We treat every case as if it is our only one, offering each client the compassion, integrity, and support they deserve. You do not have to face wrongdoers alone when we are ready to stand with you and seek justice.