Mattioli & Munley are partners with the Law Firm of Minora, Minora, Colbassani, Krowiak, Mattioli & Munley.

Product Liability

Faulty products cause harm to individuals due to a design defect, a manufacturing defect, or a marketing defect.

Design Defects

If a product has a design defect, it is inherently unsafe no matter how it is manufactured or used.

Manufacturer Defects

This type of defect is the result of a flaw in the manufacturing process.

Marketing Defects

Marketing defects refer to improper practices in marketing, such as unclear instructions and mislabeling.

You may have a product liability case if:

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The product had an unreasonably dangerous defect or fault

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You sustained an injury while using the product the way it was intended

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The product hadn't been changed from the way it was sold

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You were unaware of the defect when you used the product

A faulty product can be something as important as a car airbag, or something as seemingly insignificant as a toy. Designers, manufacturers, marketers, and retailers have a responsibility to the consumer to make sure sure the product does not cause them harm. If it does cause them harm, they can be held accountable under certain circumstances. If you or a loved one has been injured by a faulty or defective product, contact the attorneys at Mattioli & Munley today.

Product Liability News

Announcing the Largest Auto Recall in U.S. History

Takata Corporation, the Japanese supplier linked to faulty airbags in millions of cars, has widened the scale of potential recalls in the U.S. to nearly 34 million vehicles, according to the Detroit News. Pressured by the National Highway Transportation Safety Administration (NHTSA) since late last year, the move is expected to lead to the largest auto recall in U.S. history. Nowadays, most recalls are done on a voluntary basis and it is rare for an automaker or supplier to reject a government request. But, that is exactly what Takata did. The company reportedly knew about the problem dating as far back as 2004, yet kept critical details, such as airbag ruptures, injuries, and deaths involving its vehicles, away from federal regulators and the public. In fact, Honda reported its death and injury tallies to regulators only in a confidential submission in December 2011, when it issued its fifth recall for the rupture defect, according to the NHTSA. When an air bag exploded in a Honda Accord in 2004, shooting out metal fragments and injuring the car’s driver, Honda and Takara deemed it “an anomaly” and did not issue a recall or seek the involvement of federal safety regulators. In December 2009, the air bag in another Honda Accord exploded after the driver hit a mail truck. When the air bag exploded, shrapnel propelled into the driver’s neck and chest; she bled to death in front of her three children. To date, the air bags have been linked to at least six deaths and more than 100 injuries. All deaths are in cars made by Honda. Initially the exploding air bags... read more

Takata Airbag Recall Lawsuit filed in Pennsylvania

Anapol Schwartz Personal injury lawyers filed a class action lawsuit in Pennsylvania against Takata Corporation, Honda Motor Co., and other auto makers impacted by the Takata airbag recall.  Eleven car makers have issued airbag recalls during the past year due to defective Takata airbags that may explode, shoot shrapnel and cause serious injuries. The Takata airbag lawsuit filed on November 18 alleges that Takata knew about the airbag defects as early as 2001 but failed to fully investigate the problem until recently. The reaction of manufacturers to this recall has been as grossly mismanaged as was the response to the original problem. The complaint alleges that the Takata airbag recall cheated class members because the vehicles they purchased were of lesser standard, grade and quality than was represented by automakers. Vehicle owners affected by the Takata airbag recall may be entitled to compensation for economic loss caused by the diminished value of cars with these dangerous airbags.  Contact an airbag defect lawyer to find out if you are eligible to join the Takata airbag class action... read more

Massive Fraud In Merck MMR Vaccine Testing

Merck’s Measles-Mumps-Rubella (MMR) vaccine is under fire following allegations of wrongdoing from several parties, namely two former Merck scientists-turned-whistleblowers. A third whistleblower is a senior scientist at the Centers for Disease Control (CDC), who has confessed to misconduct involving the same MMR vaccine. A U.S. judge rejected Merck’s attempt at a dismissal after determining there was plausible grounds for the claims. Therefore the medical giant is being forced to defend themselves and their vaccine in at least two federal cases. Merck could also be forced to defend itself in Congress. Representative Bill Posey (R-FL) – a known critic of the CDC whom is investigating the link between autism and vaccines – is reviewing hundreds of documents turned over by the CDC whistleblower. According to the whistleblowers’ court documents, Merck’s misconduct was far-ranging: It “failed to disclose that its mumps vaccine was not as effective as Merck represented, (ii) used improper testing techniques, (iii) manipulated testing methodology, (iv) abandoned undesirable test results, (v) falsified test data, (vi) failed to adequately investigate and report the diminished efficacy of its mumps vaccine, (vii) falsely verified that each manufacturing lot of mumps vaccine would be as effective as identified in the labeling, (viii) falsely certified the accuracy of applications filed with the FDA, (ix) falsely certified compliance with the terms of the CDC purchase contract, (x) engaged in the fraud and concealment describe herein for the purpose of illegally monopolizing the U.S. market for mumps vaccine, (xi) mislabeled, misbranded, and falsely certified its mumps vaccine, and (xii) engaged in the other acts described herein to conceal the diminished efficacy of the vaccine the government... read more

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