Have you been injured by a defective product? We represent people injured in these cases to obtain full compensation for their injuries. Manufacturers are required to make safe products. When manufacturers fail in this obligation, they are strictly liable for all damages caused by the defective product and must pay damage compensation to the victim. Product liability cases require creativity, imagination, determination and the resources to cover the high expenses involved. Representing injured parties and their loved ones is often expensive for attorneys. We put up large sums of money on these complex cases in order to hire experts, take depositions, gather evidence and oppose the lawyers of large companies and insurance firms.
At Ryan, Bisher, Ryan we have a reputation for excellence in Product Liability cases. We require manufacturers to supply safe products to consumers (our clients). If a manufacturer does not voluntarily take responsibility for defects and provide safe products, then we are prepared through litigation of product liability claims to legally force them to do so.
Creative and imaginative legal reasoning are required in this area of the law. Rick Bisher made Ryan, Bisher, Ryan the first law firm in Oklahoma to argue that electricity is a product and not a service. This gave the same protection to consumers who come into contact with electricity, defective by the way in which it is delivered, manufactured or installed on the consumer's property, as to people who are injured by a automobile that is defective because of its design or manufacturing process.
Cases involving defective products are frequently a battle of experts. Securing the assistance and testimony of qualified experts can be one of the most difficult, expensive and important tasks in preparing and presenting a product defect case. The attorney you choose must be able to cover the expenses for such battles. Not only does Ryan, Bisher, Ryan have the resources, we have the experience, skill and dedication to successfully handle these cases.
What is a defective product?
What types of defects are we talking about?
Who is responsible for my injuries?
Under what circumstances is the manufacturer not liable?
What type of compensation am I entitled to?
How long does it take to complete my case?
Where can I receive more information?
Products liability is the area of personal injury law that deals with a manufacturer's, seller's, and/or distributor's responsibility for injuries suffered by a purchaser, user, or bystander as a result of a defective product. Product liability may involve products ranging from the low-tech, such as underwear, to the high-tech, such as antilock brakes. You or your family members may have been injured by such products as:
asbestos
alcoholic beverages
children's toys
clothing
firearms
food and agricultural products
machinery and tools
medical products and devices
motor vehicles
pharmaceutical products
recreational products
tobacco
Product liability is based on the principle that a person who produces or sells a product owes a duty of care, not only to the person who first buys the product, but also to anyone else who might reasonably come into contact with it. In Oklahoma, if the product is defective then the manufacturer is strictly liable. Strict liability means that the manufacturer, seller or distributor is responsible for injuries caused by an unreasonably dangerous defective product, even if he used all possible care in the preparation and sale of the product. The courts have defined "unreasonably dangerous" to mean the product must be dangerous beyond what would be expected by the ordinary person who bought or used it with the ordinary knowledge common to the community about the product.
What types of defects are we talking about?
-
Manufacturing Defect. A manufacturing defect is one that is a result of the way a product was made, rather than the way it was designed or labeled. Manufacturing defects, design defects, or inadequate warnings can make a product defective. In addition, a product may be considered defective if it fails to meet minimum legal standards for a product. However, the fact that a product meets minimum legal standards does not necessarily protect a manufacturer or seller from responsibility.
-
Design Defect. A design defect is one that is a result of the way a product was designed, rather than the way it was made or labeled. For example, if a company manufactures antilock brakes which, because of a design flaw, will lock when wet, the antilock brakes have a design defect.
-
Failure to Warn. Finally, a product may also be defective if a manufacturer fails to adequately warn about unclear risks involved in using a product. The impact of failure-to-warn claims can be seen in the multitude of warning labels affixed to all sorts of consumer products.
Who is responsible for my injuries?
Generally, any person or business in the chain of distribution can be liable for a defective product, including manufacturers, distributors, wholesalers, and retailers.
For example: Joe buys a lawnmower from Wal-Mart, which was shipped to Wal-Mart from ABC distributors, who in turn is the distributor for GoGood Mowers, the manufacturer. The lawnmower was defective, and the defect caused the mower to cut Joe's left foot off. Wal-Mart, ABC Distributors and GoGood Mowers are liable for Joe's injuries.
Under what circumstances is the manufacturer not liable?
The injured user's carelessness will not prevent his/her successful recovery, however these are some of the defenses the manufacturer will use to try to escape their responsibility or lessen it:
- Misuse of the product
- Assumption of the risk (user knew product was defective and appreciated the degree of danger in using the product and used it anyway)
- Warnings were adequate
What type of compensation am I entitled to?
You are entitled to be compensated for the following types of damage (depending on the circumstances of the case, there may be other types of damages in addition to these):
- Physical pain and suffering, present, past and future
- Mental pain and suffering, past, present and future
- Permanent disability
- Disfigurement
- Loss of earning capacity
- Lost wages
- Medical expenses present, past and future
- Punitive damages
It is up to the jury to determine the total amount of your award.
How long does it take to complete my case?
Product liability cases involve very complex issues. It is sometimes difficult to prove whether the defect caused the injury or if it was caused by misuse of the product. As a result these cases usually take longer to prosecute than other types of cases. It is not uncommon for such a case to take 18 to 22 months to be resolved although some are settled sooner and some may take longer.
How much does an attorney charge?
In Product Liability cases, Ryan, Bisher, Ryan does not charge an attorney fee for personally consulting with you about your case. In fact, many people who have been injured through no fault of their own do not have the money to hire a lawyer to protect their rights. We understand. Protecting your rights is important to us. That's the reason our fee is paid at the end of the case out of a portion of the recovery. If we are unable recover compensation for you, you do not owe us a fee. This is called a "contingency fee" arrangement and is common among attorneys for this type of case.
If you have been injured by an unsafe or defective product, call the Oklahoma City or Tulsa offices of Ryan Bisher Ryan. Let us use our knowledge, experience and resources to compel corporate responsibility for their negligence. We will vigorously pursue the maximum allowable compensation for your loss under the law. There is no charge for discussing your situation with us.
