This article was written by Eric Hageman, an attorney and product safety advocate who has won over 60 settlements over a million dollars.
In order to win a case against the maker of a product, our team of lawyers has to prove that a person or company did something wrong that caused injury to our client.
One of the ways we “measure” conduct to prove it is unreasonable is to use industry standards, guidelines or best practices. These are documents that specify what a reasonable person or company should do in order to prevent harm in making a product, performing a function or process or taking some other action that may cause harm. Even though these industry standards, guidelines or best practices may not be actual laws, they are generally recognized as appropriate safeguards that should be followed to prevent harm. Thus, if we can show that the wrongdoer’s conduct violated an industry standard, guideline or best practice, we will usually win the case.
Locating and Applying Standards, Guidelines and Best Practices
Because of our expertise and experience, we excel in locating and applying standards, guidelines and best practices in all of our cases. We spend hours exploring scientific and medical journals, industry practices and other highly technical publications that precisely define what a person or company should do to make a safe product or prevent harm.
Example: Babies Harmed by a Food Additive
We represented the parents of several premature infants whose intestines were horrible damaged by a food additive. The company that manufactured the food product denied any wrongdoing and claimed that because the additive was generally recognized as safe it could not be held accountable. We searched through food manufacturing standards and identified one that the company admitted they followed which required the manufacturer to make sure its product was safe for intended users (in this case, premature infants) rather than just the general population of consumers (i.e. healthy adults).
Example: Compounding Pharmacies
We sue compounding pharmacies (those that make custom prescriptions for particular patients) when their medications are not properly sterilized and cause horrible infections. Although not well known to most lawyers, there are very specific guidelines for safe preparation of compounded sterile preparations which, if followed, will likely prevent adulteration.
You Can Sue a Company if a Product Causes Injury or Death
If a product has injured you or someone you love, you may have the legal right to sue the company who made that product and get compensation. This may be the only way to find out why it was sold even though it was defective and to hold those accountable responsible.
Very few law firms have our experience and record of success in complicated, high stakes cases.
Contact attorney Eric Hageman using the form below to find out if you have a personal injury or wrongful death lawsuit against a company.