Cochlear implants have been beneficial for thousands of people who are hearing impaired. After losing hearing, or never hearing before at all, a cochlear implant has been life-changing for many.
However, not all cochlear implants work as planned. If your cochlear implant is not working or is causing you pain and discomfort, you may be able to recover damages through a product liability claim or lawsuit.
What Is a Product Liability Claim?
When someone pursues a product liability claim, they are contending that a product has malfunctioned, did not work properly, or was too dangerous to operate resulting in injuries to the person. By pursuing a product liability claim, an entity, such as a manufacturer, distributor, or seller of a defective product, may be held accountable for a defective product that results in injury or death.
Three of the potential causes of action asserted in a product liability claim or lawsuit include — negligence, strict liability, and breach of implied warranty.
Negligence
Alleging a claim or cause of action for negligence involves the following:
- Duty: The manufacturer, distributor, and seller have a duty to exercise due care in developing, designing, manufacturing, labeling, assembling, testing, distributing, inspecting, marketing, promoting, warranting, and providing use instructions and warnings for their products.
- Breach: These entities may be found to have breached their duty by acting negligently and/or carelessly with respect to their products.
- Causation: The breach causes personal injury to users, consumers, workers, bystanders, and others while the product is being used in a manner that was reasonably foreseeable, which renders the product unsafe and dangerous for its intended use.
- Damages: As a result of the defective product, someone may suffer severe and permanent injuries, or even death, as well as loss of income, medical bills, pain and suffering, and emotional distress.
- Strict Liability: Under a strict liability theory, the product is defective in design, warning, and manufacture, causing injuries to people. The product fails to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner, and/or the risk of danger inherent in the product’s design outweighs the benefits of the product. The manufacturer, supplier, and/or seller may have also failed to use reasonable care to warn or give adequate use instruction.
Breach of Warranty
In a breach of implied warranty claim or cause of action, the manufacturer, distributor, and seller have impliedly warranted that the product was merchantable, fit, and safe for ordinary use. They also impliedly warranted that the product was fit for the particular purpose for which it was intended and was sold. A product that is defective, unmerchantable, and unfit for its ordinary use when sold, and unfit for the particular purpose for which it was sold, can cause severe and permanent injuries to the user or consumer of the product.
The product liability lawyers at SHOOP | A PROFESSIONAL LAW CORPORATION represent clients nationally and internationally with regard to failed and defective medical devices.
We have resolved all manner of cochlear implant claims, and we understand all too well the struggles our clients have endured to get their lives back on track after suffering a failure of their implant. No other law firm has the breadth of experience that we do regarding defective cochlear implants and we will fight to ensure you receive maximum compensation for your injuries.
Pursuing a Product Liability Claim
- Who may be held accountable for the defective product? The manufacturer, distributor, and/or seller can all be held accountable for injuries suffered as the result of a defective product.
- How do I pursue a claim or lawsuit? This is when you need an attorney, like those at Shoop | A Professional Law Corporation to represent you in pursuing a claim, or filing a lawsuit, against the manufacturer, distributor, and/or seller of a defective product. Attorneys have knowledge of the law and have handled many actions against corporations and other entities.
- What are your ‘damages’? The potential injuries and damages suffered as a result of a defective product include physical and emotional pain, medical bills, lost wages, and possibly punitive damages.
The product liability lawyers at SHOOP | A PROFESSIONAL LAW CORPORATION represent clients nationally and internationally with regard to failed and defective medical devices.
We have resolved all manner of cochlear implant claims, and we understand all too well the struggles our clients have endured to get their lives back on track after suffering a failure of their implant. No other law firm has the breadth of experience that we do regarding defective cochlear implants and we will fight to ensure you receive maximum compensation for your injuries.
SHOOP | A PROFESSIONAL LAW CORPORATION
Defective Product Lawyers with a National Presence.
We Get Results. Period.
Call us today for a FREE consultation at (866) 884-1717.
