Dangerous products still sit on the shelves because no one is holding the at-fault parties responsible. The manufacturing companies will continue to push out their harmful products if no one stops them. A product that you are purchasing should mean that you are also paying for its safety. At JML Law, our San Bernardino product liability attorneys want to save people’s lives from harmful products that have no right to be sold.
The Roundup Company V.S. California Woman With Cancer
A 70-year old California woman claims the Roundup herbicide product, that she used for over 30 years, was the reason for her diagnosis of Non-Hodgkin’s Lymphoma cancer. Ms. Stephen’s claims that Bayer’s company hid the health risk of their Roundup product were thrown out by the California Superior Court Judge.
Unfortunately, approximately 2 in every 100 people in the U.S. develop Non-Hodgkin’s Lymphoma cancer, but that rate increases for those exposed to glyphosate. Glyphosate is often found in herbicides like that in the Roundup product.
Although Ms. Stephen could not use the argument that the company failed to warn their consumers of the health risks of using their product, she could use the argument of how the product was defective and caused her cancer.
Ms. Stephen’s won the lawsuit against the Bayers company. The World Health Organization concluded that glyphosates are carcinogens linked to causing Non-Hodgkin’s Lymphoma cancer. This evidence was essential to the Court recognizing Ms.Stephen’s claim against the herbicide company.
What Types Of Evidence Are Needed To Prove A Defective Product Claim?
Evidence is key in defending the claim that the defective product caused you harm. Showing the court that you used the product as intended will eliminate the idea that misuse was not the cause of the accident.
The court wants to see that you were not responsible for the product’s defect or harm it caused. Product liability attorneys must prove that some part of the design and manufacturing caused a defect in the product. The court needs to see that you were injured and that the suffering of harm caused a loss of income, medical costs, or pain and suffering. The product liability attorney will connect the dots between your injuries and the product’s defect.
Critical evidence is needed to back up the claim. The following are pieces of evidence that can be used to prove liability:
- Medical bills
- Marketing materials
- Witness and testimonies
- Accident reports
- Payroll records indicating the inability to work
- Emails or memos that suggest that the manufacturer knew about the defect
- Defective product itself
- Insurance policy documents
Time To Hire A San Bernadino Product Liability Attorney
A defective product that is causing people more harm than good should not keep getting placed back on the shelves. The ethical consequences should be handed out, whether their product is recalled or the victims securing their compensation. At JML Law, our team of San Bernardino product liability attorneys works vigorously to protect your rights as consumers.
If you or a loved one has suffered from a defective product, please reach out to us today by calling us at 818-610-8800 or clicking here.