Food and medical devices need to be approved by the FDA before they can be sold. However, just because a product is approved by the FDA doesn't mean that it is actually a safe product. Therefore, if you are injured by a product, you are still entitled to seek compensation for your injuries.
The Amount of Testing Required
Products that are considered to be a low-risk receive approval without extensive testing. However, regardless of whether the product undergoes extensive testing or not, FDA approval is not a guarantee that the product does not contain a defect. There are several things that could go wrong. Even when the FDA discovers that a product is dangerous, you may have already been injured by the product before it was pulled from the market.
Reasons Why an FDA-Approved Product Might Be Dangerous
One reason why an FDA-approved product might injure you is that it wasn't properly designed. Even if the FDA approves the product, there might still be an unknown risk that is later revealed. For example, those testing the product might not realize that it causes long-term side effects.
Even if the company doesn't know that their product is dangerous, product liability is a form of strict liability. This means that customers should expect products to not injure them. If you can show that the product was used as intended and you were injured anyway, you will be entitled to compensation for your injuries.
Mistakes When Manufacturing the Product
Even if the product is designed to be safe, it might still become dangerous during the manufacturing process. For example, a drug might become contaminated or you might be given the wrong dosage of a particular drug. A pill capsule might contain a higher dose than what you should be taking.
The Role of Expert Witnesses
In product liability cases, you will usually need help from an expert witness. This is an individual who is educated about the product and is able to give an opinion regarding how it may have caused your injury. Another type of expert witness you may need is a doctor who can testify to the injuries you have experienced and how they will affect your life. Then, you will be able to seek compensation for your injuries while negotiating with the company that created the product. In most cases, a company with a defective product will settle out of court.
Reach out to a personal injury attorney to learn more about your case.
