At Gottesman & Hollis, P.A., we understand the devastating impact that defective products can have on New Hampshire families. Far too often, innocent consumers are seriously injured by dangerous products that were negligently designed, manufactured, or marketed. New Hampshire consumers who are injured by dangerous products have a cause of action against the companies responsible for their injuries and other losses.
If you or a loved one was hurt by a defective product of any kind, our experienced New Hampshire products liability lawyers may be able to help. We represent consumers in Nashua, New Hampshire and the surrounding areas in products liability lawsuits against negligent manufacturers and other careless companies.
To speak with a products liability lawyer about your case, call (603) 889-5959 today.
Receiving Compensation for Your Injuries
If you were injured by a defective product, a products liability attorney can help you determine whether you are entitled to money damages for your injuries and other losses. The term “damages” refers to a sum of money awarded to an injured person by a court of law. By filing a products liability lawsuit, you may be able to recover damages that take into account:
- The cost of past and future medical treatment;
- Physical pain, emotional suffering, and mental anguish;
- Lost wages due to missed work following your accident;
- Reduced earning capacity due to temporary or permanent disability;
- Loss of overall life enjoyment; and
- Damage to your personal property.
For many victims of defective product accidents, filing a lawsuit is the only way to recover the expenses associated with their injuries. Thankfully, the New Hampshire courts provides victims of dangerous product accidents with a path to justice.
There are three ways in which a product can be deemed “defective” under the law.
- DESIGN DEFECT. A product suffers from a defective design where it is unreasonably dangerous to consumers even if it is manufactured according to intended specifications. Design defects occur before a product is manufactured and/or assembled, and typically all of the products in the line are defective. For example, a children’s clothing manufacturer that fails to use flame retardant fabric in a line of children’s pajamas can be held liable for any injuries that occur as a result of the design defect.
- MANUFACTURING DEFECT. A manufacturing defect occurs when an error takes place during the assembly or production of a product. Typically, manufacturing defects take place at the factory where the product is made. Sometimes, only a few products in the line are defective. For example, a producer of cell phones may be liable for a factory worker’s error that causes some cell phones to explode while charging.
- MARKETING DEFECT. A marketing defect occurs when a product does not come with adequate warnings or instructions about proper use. If a consumer is injured as a result, the company that sold the product can be held liable in a court of law. Also known as an “advertising defect” or “failure to warn,” marketing defects are often associated with prescription drugs. For example, a pharmaceutical company that fails to disclose serious known side effects of a medication can be liable to consumers who suffer those side effects.
A New Hampshire products liability lawyer can help you better understand what legal claims you might have against the company or companies responsible for your injuries. Any company involved with the “chain of distribution” (including retailers) can be sued for damages over a defective product.
If you were seriously injured because of a defective car, truck, SUV, or motorcycle, or other motor vehicle, you may be entitled to recover money damages for your injuries and other losses. At Gottesman & Hollis, P.A., our New Hampshire defective vehicle lawyers represent those who were hurt due to the negligence of auto manufacturers and other companies.
We understand how devastating a serious injury can be, and will work with you to develop a plan for the future. For a free and confidential consultation about your defective vehicle case, call (603) 889-5959 today.
Motor Vehicle Defects
When automakers produce dangerous or defective vehicles, they may be legally responsible (or “liable”) for any resulting injuries. The following types of motor vehicle defects have been the subject of lawsuits in recent years:
- Cars and trucks sold with tires that are prone to blowouts;
- Sport utility vehicles (SUVs) that are prone to rollover accidents;
- Cars sold with floor mats that become stuck in the gas pedals and cause unintended acceleration;
- Motorcycles that become imbalanced or “wobble” when driven at high speeds; and
- All-terrain vehicles (ATVs) that are prone to rolling over.
Product Liability Claims Involving Motor Vehicles
When you file a lawsuit against an auto manufacturer over a defective vehicle, you make at least one claim that the manufacturer was negligent in designing, manufacturing, or marketing the vehicle. These types of legal claims are known as product liability claims.
Typically, product liability claims involving motor vehicles fall into one of the following categories.
Defectively Manufactured Vehicles or Vehicle Parts
This type of claim involves vehicles or vehicle parts that were improperly manufactured in some way. Generally, these types of claims are filed when an error takes place during the manufacturing or assembly process. The error may be the result of carelessness at the manufacturing facility where the vehicle or part was made. Sometimes, problems occur during shipping, at the dealership, or at an auto parts supply store.
Vehicles with an Unreasonably Dangerous Design
This type of claim involves a vehicle or vehicle parts that have an unreasonably dangerous design. In a design defect case, your lawyer will argue that even though the vehicle or vehicle parts were properly manufactured, they were so dangerous that they caused harm to consumers. Design defect cases often involve vehicles or parts that have been on the market for some time. It can take time to discover that a vehicle is dangerous.
Potential Defendants in a Defective Vehicle Case
If you are considering filing a lawsuit over a defective vehicle, you are probably wondering who or what companies you can sue. There are many potential defendants in a defective vehicle case, including:
- MANUFACTURER: Auto manufacturers are typically large companies. They typically have more money to compensate you for your injuries than other potential defendants. You may be able to sue the manufacturer where there was a design defect or manufacturing defect.
- PARTS MANUFACTURER. If you were injured as a result of a defective vehicle part, you may be able to sue the auto parts manufacturer. These companies are generally different from the vehicle manufacturer. In some cases, it is appropriate to sue the vehicle manufacturer as well as the parts manufacturer.
- CAR DEALERSHIP. If you purchased a defective vehicle from a car dealership, it may be liable for your injuries and other losses. An experienced New Hampshire defective vehicle lawyer can help you understand whether it is appropriate to sue the car dealership from which you purchased your car.
- AUTOMOTIVE SUPPLY SHOP. You may be able to sue the automotive supply shop that sold you a defective vehicle part. This is because in products liability lawsuits, any company that was part of the “chain of distribution” may be liable for injuries resulting from dangerous products.
- SHIPPERS AND OTHER MIDDLEMEN. The auto shippers and any other middlemen involved in the transport and eventual sale of a defective vehicle are potential defendants.
- USED CAR DEALERS. In some cases, used car dealers can be held liable for defective vehicles they sold to consumers.
Defective Medical Devices
Despite numerous federal laws mandating minimum safety standards for medical devices, thousands of people are harmed by defective medical devices each year. At Gottesman & Hollis, P.A., we understand how devastating injuries caused by defective medical devices can be. Defective medical devices can exacerbate existing health problems and sometimes cause serious injury or death.
If you or a loved one was injured by a defective medical device, contact a defective medical device attorney to discuss your rights. To speak with a New Hampshire defective medical device lawyer, call Gottesman & Hollis, P.A. at (603) 889-5959. We offer free and confidential consultations to those who were harmed by defective medical devices.
We represent those injured by defective medical devices in Nashua, New Hampshire and the surrounding areas.
Defective Medical Devices
In addition to being dangerous to consumers, defective medical devices often violate laws and regulations established by the United States Food and Drug Administration (FDA).
When a medical device is defective, or poses a risk to consumer health, it might be subject to a recall. A medical device recall is an action taken by the FDA or a medical device manufacturer to address a specific problem with a medical device. It is important to understand that not all medical device recalls require you to return the device or stop using it. Sometimes, problems with medical devices can be addressed by a medical professional.
There are many different types of actions that could be considered a medical device recall, including:
- Inspecting the device for specific problems,
- Repairing the device to prevent future problems,
- Adjusting settings on the device to keep consumers safe,
- Re-labeling the device to better inform consumers of risks,
- Destroying device if it poses a serious risk to human life,
- Notifying patients of a problem and how to address it, and
- Monitoring patients who use the device for health issues.
If you use a medical device of any kind and learn that it has been subject to a recall, you should contact a lawyer right away to protect your rights. An experienced defective medical device lawyer can help you understand whether retaining legal counsel is necessary based on the circumstances.
Theories of Liability in a Defective Medical Device Case
Lawsuits involving defective medical devices are not much different than those involving other kinds of defective products. Most legal claims involving defective medical devices fall into one of the following three categories.
- DEFECTIVELY DESIGNED MEDICAL DEVICE. This type of claim involves a medical device that is unreasonably dangerous, even if it was manufactured to the device manufacturer’s specifications. An example of a defectively designed medical device is an artificial hip made from a product that becomes toxic to the human body over time. Typically, these types of claims involve products that are subject to a recall.
- DEFECTIVELY MANUFACTURED MEDICAL DEVICE. This type of claim involves a medical device that was manufactured improperly. Not all medical devices in a given line may be defective. Sometimes, factory error causes only a few devices to have problems that present a risk to patients. For example, 15 artificial heart valves out of 3,000 produced by a medical device manufacturer may contain a small hole due to the error of a factory worker where the valve was produced.
- DEFECTIVELY MARKETED MEDICAL DEVICE. Medical device manufacturers must market and package their devices with adequate warnings and instructions. If you were hurt by a medical device that did not come with proper warnings or instructions, you may have a claim against the device manufacturer.
An experienced defective medical device lawyer can help you understand what type of claim you have. Contact us to discuss your case.
Food poisoning, also known as food-borne illness, can cause extreme sickness and often requires hospitalization. If you suffered a serious illness due to food poisoning, you may be wondering whether anyone is legally responsible. The answer depends on the circumstances that led you to contract a food-borne illness.
At Gottesman & Hollis, P.A., our experienced New Hampshire food poisoning lawyers represent victims of food poisoning in products liability lawsuits. To speak with a trusted lawyer in the Nashua, New Hampshire community about your food poisoning case, call (603) 889-5959.
Liability for Food Poisoning
Most food poisoning lawsuits fall under the category of defective product (or products liability) claims. Victims of food poisoning typically argue that they were sold a defective product (food) that caused them to suffer an injury (food poisoning). The most common theories in food poisoning lawsuits are:
- PRODUCT LIABILITY. If you can prove that a food product you ate was contaminated and that the contamination caused you to become ill, you may prevail in a product liability claim against the party who served or sold you the contaminated food.
- NEGLIGENCE. In addition to a claim based on products liability, you can argue that a party was negligent in selling or serving you contaminated food. Negligence is the legal term for carelessness. In a negligence claim, you must show that someone did not exercise reasonable care in making or distributing a contaminated food product.
- BREACH OF WARRANTY. In some cases, you can assert a breach of a warranty claim against a food processor, distributor, or retailer. New Hampshire imposes certain minimum standards on products (also known as “implied warranties”). Making or selling contaminated food may breach these warranties. Certain food processors make express guarantees about their products, such as “triple-washed” on a pre-packaged salad. Selling contaminated salad under this label would violate this express guarantee (that the salad is adequately washed).
Depending on the circumstances, other legal arguments may be available to you. A New Hampshire food poisoning lawyer can help you better understand which theories of liability apply to your food poisoning case.
What is the Statute of Limitations in a Food Poisoning Case?
It is important to understand that you must file a food poisoning lawsuit within a certain period of time. This is due to a procedural rule known as the statute of limitations. If you do not file your lawsuit before the time period set forth in the statute of limitations applicable to your case, the court will not hear your case regardless of how strong your claims are.
In New Hampshire, the statute of limitations applicable to food poisoning cases is typically three years from the date you ate the contaminated food or became sick. If you believe that you contracted a food-borne illness and that a food manufacturer, distributer, or retailer is at fault, you should ask a lawyer how long you have to file a lawsuit.
If you ate food that was the subject of a food recall and became ill, it may be easier to prove your case against the party responsible for making or selling you the food. Our New Hampshire food poisoning lawyers represent people who were made sick by contaminated food that was the subject of a food recall. Potential defendants in a food recall lawsuit include food growers (farmers), food processors, food distributors, food retailers (grocery stores), and restaurants that served the recalled food.
Prescription Drug Recalls
Despite numerous federal laws regulating prescription drug safety, pharmaceutical companies often release dangerous prescription drugs into the marketplace, harming innocent consumers. The consequences of unsafe practices by pharmaceutical companies are devastating – each year, thousands of people are made sick or killed by dangerous prescription medications.
If you or a loved one became sick after taking a dangerous or defective prescription drug, contact an experienced defective drug lawyer right away. At Gottesman & Hollis, P.A., we represent victims of recalled prescription drugs and defective prescription drugs in lawsuits against pharmaceutical companies.
To speak with a Nashua, New Hampshire prescription drug recall lawyer about your case, call (603) 889-5959 today.
We represent victims of defective drugs in Nashua, New Hampshire and the surrounding areas.
Prescription Drug Recalls
Prescription drug recalls are actions taken by a pharmaceutical company to remove a dangerous or defective drug from the market. Recalls may be conducted on a pharmaceutical company’s own initiative. Sometimes, prescription drug recalls are mandated by the U.S. Food and Drug Administration.
Recently, the following prescription drugs have been subject to prescription drug recalls, warnings, and defective drug lawsuits:
To learn more about recent prescription drug recalls, visit the U.S. Food and Drug Administration drug recalls website.
Product Liability Claims Involving Prescription Drugs
If you or a loved one was injured by a defective prescription drug, you may be entitled to money damages. Product liability lawsuits involving dangerous prescription drugs are not much different from lawsuits involving other defective products. But because major pharmaceutical companies have nearly unlimited financial resources to fight your case, you need to hire a lawyer with extensive experience representing victims of dangerous drugs.
At Gottesman & Hollis, P.A., we offer our clients more than three decades of experience. We understand the impact that dangerous prescription medications can have on New Hampshire families. We are committed to providing our clients with aggressive legal representation that yields results.
Theories of Liability in Defective Drug Cases
Product liability claims involving dangerous prescription drugs fall into one of three categories:
- DEFECTIVELY MANUFACTURED PRESCRIPTION DRUGS. This type of claim involves injuries caused by pharmaceutical drugs that have been improperly manufactured or were somehow tainted. Typically, this involves an error at the manufacturing facility or pharmacy where the drug was made or processed. Sometimes, manufacturing errors occur in only a small percentage of the total amount of the pharmaceutical drug produced.
- PHARMACEUTICAL DRUGS WITH DANGEROUS SIDE EFFECTS. This type of claim involves drugs with harmful or even deadly side effects. You can make a defective drug claim involving a pharmaceutical drug that, although properly manufactured, has side effects that result in serious injury. Sometimes these types of claims apply to drugs that have been on the market for several years or even decades. It can take time to identify the correlation between drugs and their side effects.
- IMPROPERLY MARKETED PHARMACEUTICAL DRUGS. This type of claim involves pharmaceutical drugs that were not marketed properly. You can make a defective drug claim against a pharmaceutical company that fails to adequately warn consumers of the risks and side effects of its drugs. All pharmaceutical drugs must be accompanied by proper instructions about their use and any associated risks.
To discuss whether you may have a claim against a pharmaceutical company, contact us today.
Defective Car Seats
Each year, thousands of small children are seriously injured in car accidents. Tragically, many of these injuries could be prevented – defective car seats are often responsible for injuries to young children. Sometimes, car seats cause direct injury to children because they are improperly designed or manufactured. In other cases, car seats fail to adequately protect children in a car accident, leading to more severe injuries than would have occurred normally.
If your child was hurt in a car accident while riding in a car seat, our New Hampshire defective car seat lawyers may be able to help. You may have a cause of action against the manufacturer of your child’s car seat for his or her injuries. At Gottesman & Hollis, P.A., we are dedicated to providing our clients with aggressive representation that yields results. To speak with a defective products lawyer serving clients in Nashua, New Hampshire and the surrounding areas, call (603) 889-5959.
Defective Child Safety Seats
New Hampshire law requires that children who are under seven years old and are shorter than 57 inches ride in a federally approved car seat or booster seat. Many New Hampshire parents use child restraint systems for as long as possible in an effort to keep their children safe.
Unfortunately, not all child safety seats are manufactured properly. From defective car seats designed for infants to upright car seats designed for toddlers, a broad range of problems with child safety seats can place children at risk of serious injury. Below are some examples of common car seat defects that contribute to injuries in small children:
- Plastic shell fracturing: When the plastic shell or frame of a child safety seat breaks or fractures, the car seat can no longer perform as intended, leaving children susceptible to injuries in the event of a car accident.
- Improper angle of recline: A child should never be seated horizontally in a car, whether in a front-facing car seat or rear-facing car seat. A car seat that reclines at an unsafe angle can lead to catastrophic or even fatal injuries.
- Faulty chest clips: When the chest seat of a car seat fails to perform as intended, children are more likely to be ejected from the car in a high-impact crash. Faulty chest clips in child safety seats are one of the most dangerous product defects.
- Inadequate instructions: Many children are hurt when car seats do not come with adequate instructions or warning labels. If a car seat is installed improperly due to inadequate instructions, manufacturers may be legally responsible for any resulting injuries.
- Problematic three-point harnesses: Car seats equipped with three-point harnesses do not give children adequate pelvic support. This makes them more susceptible to ejection in the event of a car accident.
- Lack of support in booster seats: When children get older, they transition to booster seats that offer less upper body support than rear-facing car seats. Unsupportive booster seats can lead to ejection in a car accident, or other injuries like whiplash and broken bones.
It is important to understand that certain aspects of car seat manufacturing and design are regulated by federal law. When a manufacturer fails to comply with these requirements, you may be entitled to additional damages for your child’s injuries.
We represent clients who have been hurt by dangerous products of all kinds.
Defective Products Lawyers in Nashua, New Hampshire
At Gottesman & Hollis, P.A., we are dedicated to providing our New Hampshire clients with aggressive legal representation that yields results. If you would like to speak to a defective products lawyer serving Nashua, New Hampshire and the surrounding areas, call (603) 889-5959. We offer all potential clients a free and confidential consultation.