Nashua Product Liability Attorneys

Helping Victims of Defective Products Recover Financial Compensation

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) 506-4600 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 monetary 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 provide victims of dangerous product accidents with a path to justice.

Dangerous Products

There are three ways in which a product can be deemed “defective” under the law.

• DESIGN DEFECT: A product suffers from a defective design when 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.

Defective Vehicles

If you were seriously injured because of a defective car, truck, SUV, or motorcycle, or another motor vehicle, you may be entitled to recover monetary damages for your injuries and other losses. At Gottesman & Hollis, P.A., our New Hampshire defective vehicle lawyers represent those harmed by 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) 506-4600 today.

Motor Vehicle Defects (Auto Parts)

When automakers produce dangerous or defective vehicles or auto parts, 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 prone to blowouts,
• Sport utility vehicles (SUVs) 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:

• MANUFACTURERS: 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 in a case of design defect or manufacturing defect.
• PARTS MANUFACTURERS: If you were injured because 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 DEALERSHIPS: If you purchased a defective vehicle from a car dealership, the dealer 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 SHOPS: 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 caused by its product.
• 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 or killed by a defective medical device, contact a defective medical device attorney to discuss your rights. We represent those injured by defective medical devices in Nashua, New Hampshire and the surrounding areas.

To speak with a New Hampshire defective medical device lawyer, call Gottesman & Hollis, P.A. at (603) 506-4600. We offer free and confidential consultations to those who were harmed by defective medical devices.

Recalled 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 of your case.

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.

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 of your case.