Dangerous and Defective Products

Dalton and Associates, P.A. will seek justice for you or your loved one who was injured or killed by a
dangerous product.

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Consumers purchase products with the expectation that the product will be safe. Unfortunately, problems ranging from small malfunctions to major defects happen all too often. Product liability is the legal responsibility of a manufacturer, distributor, and seller for the harm caused by the production and sale of a defective or dangerous product.

There are three types of product liability under Delaware law: defective design, defective manufacturing, and breach of warranties. Defective design is defined as manufacturers not designing a product in a way that minimizes all foreseeable risks associated with the product being used in its anticipated environment. Defective manufacturing is defined as a product that was put together in a way that did not follow the intended design; resulting in an unintended danger for users. Breach of warranties occurs when the manufacturer or seller explicitly or implicitly guarantees some aspect of the product, such as quality, uses, safety, and performance, and those guarantees are breached.

In a product liability case, a plaintiff must prove that the manufacturer created the product negligently resulting in a defect and that defect caused injury. The manufacturer is negligent if it does not use reasonable care, skill, and diligence in creating and assembling a product. The standard of care refers to what other manufacturers would do in the same or a similar situation. However, industry standards or governmental regulations are not always an indicator of the proper standard of care.

The plaintiff must then show that the design, manufacturing defect, or breach of warranty was a direct cause of his or her injury. Even when the defect caused the injury, the plaintiff may not be successful if he or she were aware of the defect or used the product improperly.

Product liability litigation is complicated and expensive. The lawyers at Dalton and Associates know how to identify the proper defendants, obtain internal company documents and evidence, and procure the best experts in design, manufacturing, product safety warnings, and human factors. Hiring attorneys with knowledge and experience in this area is critical.

Experience and Successful Results

The lawyers of Dalton and Associates, P.A. have many decades of experience and success in product liability litigation. Dalton and Associates, P.A. has represented consumers who have been seriously injured or killed by defective products including:

  • Talcum Powder
  • Asbestos
  • Defective Pharmaceuticals
  • Defective Sports Drinks
  • Defective Batteries and Electronics
  • Defective Pelvis Mesh Implants
  • Defective Hip Implants
  • Defective Automobile Parts
Talcum Powder Litigation

Our firm is committed to individualized, compassionate and aggressive representation for each of our clients, earning us the reputation of excellence.
» Learn More about Talcum Powder Litigation

Mesothelioma and Asbestos

Mesothelioma is an aggressive cancer that forms on protective linings of the chest, the abdomen, the heart and the testicles. Many of the 3,000 new cases diagnosed in the U.S. each year can be traced to job-related asbestos exposure. Mesothelioma takes anywhere from 10 to 50 years to develop.

Unfortunately, there is no cure for mesothelioma, and the risk of developing the deadly cancer does not diminish over time, even after the exposure to asbestos ends. A mesothelioma diagnosis can be overwhelming; especially with looming medical expenses and the frustration of knowing the disease could be traced to asbestos exposure from your job.

A trusted and experienced lawyer can help victims of asbestos-related diseases and their loved ones receive the justice they deserve. Mesothelioma is not the only type of cancer caused by asbestos exposure. Exposure to asbestos is also known to cause lung cancer.

Few law firms are more respected in the field of asbestos litigation than Weitz & Luxenberg. Dalton and Associates and Balick and Balick in partnership with Weitz & Luxenberg stand behind victims of asbestos exposure, helping them through a confusing and difficult time.

We prize personal client relationships and handle the legal burden, so victims of asbestos exposure can focus on their health and spend time with their loved ones. Many of the companies that produced, marketed, and distributed asbestos containing products are incorporated here in Delaware making Delaware courts the venue for prosecuting these companies for clients across he United States.

Request A Free Consultation

Our office offers a free consultation on any potential legal matter pertaining to our areas of practice (please see our “Practice” page). Simply fill out the below form and give us a general understanding of what has happened. Be sure to correctly enter your phone number and email address, as one of our staff will be contacting you in regards to this matter within the next business day or two to establish a point of contact and clarify the facts of the potential case. If you have any general questions about our firm, please feel free to submit them here.