Defective Products

Milberg’s Defective Products Practice Group focuses on protecting those who have fallen victim to deceptive marketing and advertising of goods and services, or those who have purchased defective products.

As leaders in the representation of consumers, our attorneys have extensive experience representing plaintiffs against well-resourced and highly sophisticated defendants. 

Defective Product Lawsuits

There are many different types of consumer product lawsuits, which can range from a product simply not performing as advertised to a dangerous defect that causes property damage or physical harm.

Each unique type of consumer product lawsuit has a different set of criteria that must be met for a strong, viable case. That said, there are a few elements that most of these lawsuits have in common:

• A manufacturer or retailer misrepresented a product or service;
• And/or the product or service was faulty or defective;
• And a consumer suffered financial or physical harm as a result

Without deception, fraudulence, or negligence on the part of the manufacturer/retailer — and without losses sustained by the plaintiff — it is hard for these cases to move forward.

Milberg attorneys are experienced in handling a wide array of consumer protection lawsuits and have achieved real-world recoveries for our clients, often prompting corporations to change the way they conduct business.

Focus Areas of Milberg’s Defective Products Practice Groups

APPLIANCES & PRODUCTS  |  AUTOMOTIVE  |  DANGEROUS DRUGS & DEVICES  |  MISLABELING

Breach of contract

When one party fails to live up to their end of a contract, and the other party suffers financial or reputational harm as a result, the wronged party may be able to file a lawsuit seeking compensation for their losses. For example, if you were to pay for a service, and the business or individual who was supposed to provide that service failed to do so, you might qualify for a breach of contract lawsuit.

Failure to warn

Some products carry certain risks even when used properly. When this is the case, the manufacturer has a responsibility to warn consumers of these risks, so they may decide whether the benefits outweigh the hazards. When a manufacturer fails to warn consumers of the risks, and consumers are harmed as a result, they may be able to file a lawsuit against the manufacturer.

False or deceptive advertising of goods and services

Too often, the products we purchase don’t live up to their billing. Examples of false advertising or deceptive marketing include a beauty product that promises benefits it fails to deliver, or an electronic device that does not actually do everything the marketing copy claims it can do. If you purchased a product and felt deceived after using it, you may have been the victim of false or deceptive marketing.

Faulty, dangerous, or defective products

It’s bad enough when a product does not perform as advertised, but it’s even worse when the product is defective or dangerous. For example, a car that accelerates unexpectedly can cause a serious accident — which is why it is so important to hold manufacturers and retailers accountable when their products are defective or dangerous. It may discourage them from negligence in the future and may even save lives.

Warranty claims

Many manufacturers include warranties on their products that guarantee the products will remain functional for a set period of time (such as two, three, or five years). Unfortunately, even these products have been known to break down. If this happens within the warranty period, and the manufacturer or retailer fails to honor the warranty by repairing, replacing, or refunding the cost of the product, it is known as a breach of warranty.

A breach of warranty may be grounds for a consumer products lawsuit, especially if it involves one of the following products:

• Car
• Truck
• RV
• Boat
• HVAC system
• High-end appliance

Unfair trade practices

While there is some overlap with unfair trade practices and deceptive marketing, these unethical practices include methods such as false sales, phony prize or gift offers, the targeting of vulnerable populations, or misrepresenting refurbished or secondhand products as new.

Notable Product Cases

Milberg’s Defective Products Practice Group attorneys have taken on some of the country’s largest, most powerful companies in order to protect consumers from defective products, deceptive marketing practices, and other harms.

Some of our most notable consumer protection cases include:

• Evenflo booster seats
• Graco booster seats
• Britax booster seats
• Zicam cold remedy products
• Seresto flea and tick collars
• American Journey dog foods
• GE ovens
• Whirlpool dishwashers
• All-Clad Metalcrafters cookware
• Subaru (unintended acceleration)
• Audi (stop/start function)
• Vizio (refresh rate)
• L’Oréal (Keratindose)
• TCL (refresh rate)

Through these and other lawsuits, we have recovered millions in compensation for our clients.

Types of Compensation

Consumers who file lawsuits against negligent companies may be entitled to compensation for expenses and other damages related to the product or service they purchased. These damages vary greatly depending on the type of case, but they may include the following:

• Refund for a defective item, or compensation for the cost of repairs
• Medical expenses (if the product injured the consumer)
• Lost wages (if the consumer can no longer work because of their injury)
• Property damage (caused by the product)
• Pain and suffering

Milberg is one of the premier consumer litigation law firms in the country. If you’ve been the victim of a dangerous or defective product, a breached contract, or false or deceptive advertising, the best way to determine if you have a viable consumer product lawsuit is to contact us for a free consultation.