Dover Product Liability Lawyers


$ millions

recovered For our clients

You Deserve Compensation For Someone Else's Negligence

At Schmittinger & Rodriguez, our Delaware Product Liability lawyers understand the complexities involved in product liability and defective product cases. Product liability is the area of law that holds manufacturers, distributors, suppliers, retailers, and others responsible for placing dangerous products into the hands of consumers. A dangerous or defective product can arise due to design flaws, manufacturing errors, or inadequate warning labels. Our team has experience dealing with cases involving defective auto parts, medical devices/implants, pharmaceutical drugs, children’s toys, and other hazardous consumer products.

Having an experienced Delaware product liability lawyer on your side will ensure your product liability lawsuit is thoroughly analyzed and you receive the maximum compensation possible. We have decades of experience obtaining favorable outcomes for clients who have suffered injuries due to a faulty product. Whether you were injured in an auto accident caused by a defective brake or experienced complications from a medical device, our product liability attorneys will fight for your rights and make sure you get the compensation you deserve.

What Is Product Liability Law
In Delaware?

Product liability law in Delaware is a legal framework that holds manufacturers, distributors, and sellers of products accountable for injuries and damages caused by their defective products. This law is aimed at protecting consumers from harm caused by unsafe products, and it covers a wide range of industries, including the automotive, pharmaceutical, medical device, and food industries. In Delaware, product liability cases can be based on three types of defects: design defects, manufacturing defects, and marketing defects.

    • Design defects: A design defect is a flaw in the product’s design that makes it inherently dangerous or defective and unreasonably dangerous regardless of how carefully it was manufactured. If it is an unsafe product, an injured consumer who suffers injury or death is entitled to recovering compensation.

    • Manufacturing defects: A manufacturing defect occurs when an error in the manufacturing process causes the product to become dangerous or defective, even if the design is safe. Faulty construction entitles a victim to bring an action against the product manufacturer.

    • Marketing defects: Marketing defects, also known as “failure to warn,” occur when the product is safe when used as intended, but the manufacturer fails to provide adequate warning or instructions for safe use.

The statute of limitations for product liability claims in Delaware is two (2) years from the date of injury, which means that a person who has been injured by a defective product must file a lawsuit within two years of the date of their injury. If the case is successful, the injured person may be able to recover damages, including medical expenses, lost wages, pain and suffering, and in some cases, punitive damages.

To prove a product liability case, the burden of proof is on the plaintiff, who must prove that the product was defective, that the defect caused their injury, and that the product was being used as intended. It is important for anyone who has been injured by a defective product in Delaware to seek medical attention immediately, preserve the product and any relevant documentation, and contact a product liability lawyer as soon as possible to discuss their legal options.

Understanding Your Rights After A Product Liability Injury

If you or a loved one has been injured as a result of a defective product, it is important to understand your legal rights. A product liability accident often leads to serious injury and Delaware residents who have suffered personal injury deserve compensation and are entitled to file product liability lawsuits.

After suffering a product liability accident where you have suffered injuries, you may have the right to pursue compensation for medical bills, lost wages, or pain and suffering. Depending on the circumstances of your case, you may also be entitled to punitive damages and/or compensatory damages.

A product liability lawyer at Schmittinger & Rodriguez will work with you every step of the way to ensure that your rights are respected and that you receive full compensation for any damages from the property owner responsible for your accident. We are committed to helping our clients get back on their feet as quickly as possible after an accident.

delaware statute of limitations

How Long Do I Have To File A Product Liability Claim?

It’s important to understand that there are time limits for filing a product liability claim in Delaware. The exact amount of time depends on the specific facts of the case, but generally, victims have two years from the date their injuries occurred to seek compensation. Product liability claims can be complex and challenging, so it’s essential to contact a Delaware product liability lawyer as soon as possible to ensure that your rights are protected and you don’t miss any deadlines or statutes of limitation.

Get Started Today

Contact Schmittinger & Rodriguez

Our experienced product liability lawyers are here to provide you with the counsel and representation needed to successfully resolve your case. We understand the physical, emotional, and financial pain caused by defective products and we’re here to help you seek justice. Contact Schmittinger & Rodriguez today for a free consultation – let us work together on YOUR CASE OUR PRIORITY.

our reviews

What Our Clients Say

Brian Jenkins
Mr Catts went above and beyond to handle my complicated case. The level of professionalism is second to none. The staff and Mr. Catts were kind, courteous, and listened to my concerns with compassion. I would recomend this firm to anyone needing legal help. They earned my trust in am amazing way.
Linda Wilson
Mr Catts and his legal team went above and beyond for me. They never stopped pursuing all avenues to get the compensation that I deserved. The staff was courteous and showed compassion. I felt like they really cared about my injuries. I highly recommend their services to anyone
Tatiana Sida-Amor
I was recommended to this law office by my doctor after my car accident in the summer of 2021. I ended up working with Mr. Catts. I appreciate how forthcoming and hardworking he was about my case. The office is extremely professional to ensure that I got the best settlement that I could get. The open communication eased my mind and allowed me to handle things I needed to for myself. Definitely recommend them if you want lawyers that give you results.
Kathyjo Mays
I recommend them highly and have referred them to many of my friends and family. Very informative and def kept me up to date about my case. Schmittinger & Rodriguez def worked very hard for me.
Mary Zober
The staff is friendly and makes you feel comfortable. The firm worked on getting my settlement and kept me informed every step of the way.
Sharonda goode
Great experience! Doug Catts, Ryan and Ms. Kaye are awesome to work with. Very professional, friendly & knowledgeable. They are expensive. But get the job done & in a timely manner. I use Mr. Catts for all my legal needs.
Hot Box237
I will recommend this lawyer to any one, I feel like crying. He is kind, patient and a good listener. He solved your problem and at the end advice you. Thank you very much.
Cheryl Rowe
Doug is personable...assertive and he will get the job done!
Patsy Ware
Schmittinger and Rodriquez attorney Doug Catts is the best, I highly recommend him. As an attorney he is forthright, honest, transparent and sincere. Doug Catts and his staff are amazing.

What You Should Do If Injured By A Defective Product

If you have been injured by a defective product, it can be a challenging and frustrating experience. It’s essential to know what steps you should take to protect your health and legal rights. Here are some things to consider:

    • Seek medical attention: Your health and well-being should be your top priority. Seek medical attention as soon as possible, even if your injuries seem minor. Some injuries may not show symptoms immediately, so it’s essential to get checked out by a medical professional.

    • Preserve evidence: Keep the defective product and any packaging or instructions that came with it. Take pictures of your injuries and the product itself, if possible. Write down any details you remember about how the injury occurred.

    • Contact an attorney: A Delaware product liability attorney can help you determine if you have a case against the manufacturer, distributor, or seller of the defective product. They can help you understand your legal rights and the potential damages you may be entitled to.

    • Don’t speak to the manufacturer or their representatives: It’s crucial not to speak with the manufacturer or their representatives without your attorney present. Anything you say to them could be used against you later in your case.

    • Keep all records: Keep records of all medical treatment and expenses related to your injury. Also, keep track of any lost wages or other financial losses you have experienced as a result of your injury.

    • File a claim: Your attorney can help you file a claim against the responsible party. It’s important to do so within the statute of limitations, which is the timeframe in which you can legally file a claim.

    • Don’t settle too quickly: The responsible party may try to offer you a settlement early in the process. Don’t accept it without consulting your attorney first. You may be entitled to more compensation than they are offering.

    • Follow your attorney’s advice: Your attorney is there to help you through the legal process. Follow their advice and guidance throughout your case.

In conclusion, being injured by a defective product can be a challenging experience. However, taking the right steps can help protect your health and legal rights. Seek medical attention, preserve evidence, contact an attorney, don’t speak to the manufacturer or their representatives, keep all records, file a claim, don’t settle too quickly, and follow your attorney’s advice. A Delaware product liability attorney can help you understand your legal rights and options and can assist you in pursuing compensation for your injuries.

What Are Some Examples Of Defective Products?

Defective products can cause serious injuries or even death to consumers. There are various types of defective products, and identifying them is essential to hold the responsible parties accountable. Here are some examples of defective products:

    • Defective vehicles: Vehicles that have faulty parts, such as defective brakes or defective airbags, can cause severe injuries or even death in accidents. Examples include cars, trucks, motorcycles, and boats.

    • Defective medical devices: Medical devices, such as pacemakers, implants, and surgical instruments, can malfunction and cause severe injuries or infections to patients.

    • Defective pharmaceutical drugs: Defective drugs can have harmful side effects, cause adverse reactions, or fail to work as intended.

    • Defective toys: Toys that contain small parts or pose choking hazards can be dangerous to children. Additionally, toys that are made with toxic materials can cause poisoning or other health problems.

    • Defective household appliances: Household appliances, such as stoves, ovens, and heaters, can cause fires or electrocution if they have faulty wiring or other defects.

    • Defective machinery: Machineries used in the workplace, such as construction equipment or industrial machines, can cause severe injuries if they have faulty parts or lack proper safety features.

    • Defective consumer products: Various consumer products, such as power tools, electronics, and furniture, can be defective and cause injuries to users.

    • Clothing with defects that can cause injury

    • Food contaminated by bacteria or other toxins

It’s crucial to note that these are just a few examples of defective products, and there are many other types of products that can be dangerous to consumers. If you have been injured by a defective product, a Delaware product liability attorney can help you determine who is responsible and how to seek compensation for your injuries.

What Are Injuries In A Product Liability Case In Delaware?

Injuries in a product liability case in Delaware can range from minor to severe and can have long-term consequences on the victim’s health and well-being. Here are some injuries that can occur in a product liability case:

    • Physical injuries: Physical injuries are the most common injuries that occur in a product liability case. Examples include cuts, bruises, broken bones, burns, and amputations. These injuries can require medical treatment, surgery, and long-term rehabilitation.

    • Internal injuries: Defective products can also cause internal injuries, such as organ damage, internal bleeding, or brain injuries. These injuries may not be immediately apparent and can require extensive medical treatment.

    • Illnesses: Defective products can cause illnesses due to exposure to toxic materials or chemicals. Examples include poisoning from contaminated food or water, exposure to asbestos, or exposure to toxic fumes.

    • Emotional injuries: In addition to physical injuries, defective products can also cause emotional injuries, such as post-traumatic stress disorder (PTSD), anxiety, and depression. These injuries can impact the victim’s quality of life and may require psychological treatment.

    • Wrongful death: In the most severe cases, a defective product can cause the victim’s death. In these cases, the victim’s family may be entitled to compensation for their loss.

It’s important to note that the injuries that occur in a product liability case can have significant financial, physical, and emotional impacts on the victim and their family. If you have been injured by a defective product, it’s crucial to seek medical attention immediately and contact a Delaware product liability attorney to help you understand your legal rights and options for seeking compensation for your injuries.

How Much Money Can I Collect In A Product Liability Case?

The amount of money that can be collected in a product liability case in Delaware varies depending on the circumstances of the case. Here are some factors that can influence the amount of compensation that a victim can receive:

    • Severity of the injuries: The severity of the injuries that the victim has sustained is one of the most critical factors in determining the amount of compensation they can receive. More severe injuries often require more extensive medical treatment and rehabilitation, resulting in higher medical bills and lost wages.

    • Economic damages: Economic damages include medical expenses, lost wages, and other financial losses that are directly related to the injuries caused by the defective product. Victims may be entitled to compensation for past and future medical expenses, lost wages, and other expenses related to their injuries.

    • Non-economic damages: Non-economic damages include pain and suffering, emotional distress, and loss of quality of life. These damages can be challenging to quantify, but they can significantly impact the victim’s well-being and quality of life.

    • Punitive damages: In some cases, victims may also be entitled to punitive damages, which are intended to punish the defendant for their wrongful conduct. Punitive damages are typically awarded when the defendant’s actions are particularly egregious or reckless.

It’s important to note that there is no set amount of compensation that victims can receive in a product liability case in Delaware. The amount of compensation that a victim can collect depends on the specific facts of the case and the strength of their legal argument. If you have been injured by a defective product, it’s essential to contact a Delaware product liability attorney to help you understand your legal rights and options for seeking compensation for your injuries.

Who Is Liable In A Delaware Product Liability Case?

Product liability cases in Delaware can be complex and challenging for lawyers to navigate. Understanding who is liable for injuries or damages caused by a defective product is crucial for ensuring that the right parties are held accountable. Here are some key points to keep in mind:

    • Manufacturers: The manufacturer of a product can be held liable for injuries or damages caused by a defective product. This includes not only the company that produced the product but also any component manufacturers, designers, or distributors involved in the product’s creation.

    • Retailers: Retailers who sell defective products can also be held liable in Delaware. This can include anyone in the supply chain who sells the product to consumers, including wholesalers, distributors, and retailers.

    • Negligence: In some cases, a party’s negligence may be a contributing factor to a product defect. This could include failure to properly maintain the product or failure to adequately warn consumers about potential dangers associated with the product.

    • Strict liability: Delaware follows a strict liability standard for product liability cases. This means that a plaintiff does not need to prove negligence on the part of the defendant. Instead, the plaintiff must show that the product was defective and that the defect caused their injuries or damages.

    • Defenses: Defendants in product liability cases may raise various defenses to avoid liability, including claims that the plaintiff’s actions caused or contributed to their injuries, that the plaintiff misused the product, or that the product was not defective.

Navigating product liability cases in Delaware requires a thorough understanding of the state’s laws and the specific circumstances surrounding the case. An experienced attorney can help clients identify the liable parties, build a strong case, and fight for the compensation they deserve.

Product Liability claims

Can I File A Claim For A Product I Did Not Purchase?

Product liability claims in Delaware can be complex and confusing, especially when it comes to determining who can file a claim. If you were injured by a defective product that you did not purchase, you may still be able to file a product liability claim, but there are certain factors to consider.

One key factor is your relationship with the product. Generally, a person can only file a product liability claim if they were the user, consumer, or bystander of the product. If you were injured by a product while using it, even if you did not purchase it yourself, you may still have a valid claim. For example, if you were borrowing a friend’s power tool and it malfunctioned, causing injury, you could potentially file a claim.

Another factor to consider is your ability to prove that the product was defective. In Delaware, product liability claims require proof that the product was defective and that the defect caused your injuries. This can be challenging if you did not purchase the product yourself, as you may not have access to important information such as the product’s warranty, instructions, or history of recalls.

If you believe that you have a product liability claim for a product you did not purchase, it is important to consult with an experienced attorney. An attorney can review the details of your situation, investigate the product and its history, and help you determine if you have a valid claim. With the right legal guidance, you can hold the liable parties accountable for their negligence and seek the compensation you deserve for your injuries and damages.

The Benefits of Hiring an Experienced Delaware Product Liability Lawyer

Hiring an experienced product liability lawyer offers several key advantages to individuals who have been injured in Delaware. First, our Delaware product liability attorneys will be able to handle all aspects of their case, from investigation and evidence gathering to settlement negotiations or litigation if necessary. Our law firm and defective product lawyers have the experience and knowledge of the law needed to successfully navigate the legal system on your behalf.

Furthermore, having an experienced attorney and legal team represent you during negotiations with insurance companies can help ensure that your rights are protected and that you receive fair compensation for your injuries and losses. Furthermore, while it is possible to pursue a case without a lawyer, studies have shown that those who have defective product lawyers representing them recover more than twice the amount of money than those who do not.

Why Schmittinger & Rodriguez
Is Right For You

At Schmittinger & Rodriguez, we understand how difficult and stressful it can be to deal with a product liability case, especially if you are dealing with serious injuries and mounting medical bills. Our team has decades of combined experience handling product liability cases, and we know how to effectively deal with insurance companies to ensure that our clients get the compensation they deserve.

We will work diligently to ensure that the negligent party is held accountable for their actions by:

    • Investigating all details of the incident

    • Examining property records or other relevant evidence

    • Obtaining all available insurance coverage documents from the defendant

    • Building a strong case through evidence gathered

We also have a deep understanding of Delaware law, local laws, and all the legal issues, and will provide dedicated legal representation throughout your case. Our experienced attorneys are committed to providing you with personalized attention and will fight hard to get you the best possible outcome for your case. If you or someone you love has been injured by a defective or dangerous product, contact Schmittinger & Rodriguez today so that we can help you obtain justice and fair compensation for your losses. YOUR CASE. OUR PRIORITY.

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