Baby formula lawsuits are becoming more common as consumers grow weary of how these companies are producing their products. This article will explain and point out the legal aspects of a baby formula lawsuit and how consumers can seek proper representation to win them.
In the United States, baby formula is produced by brand-name companies. These include Gerber, Similac, Nestle, Enfamil, and many more. The way these formulas are produced is under strict regulations by the FDA (United States Food and Drug Administration).
The FDA regulates infant formula in the Code of Federal Regulations. The FDA sets standards for formula’s nutritional content. They also provide rules for when companies can advertise their products.
Defective Product Lawsuits: Who is Liable?
Several contenders can be held liable in a baby formula lawsuit. First, the company that manufactures the product may be held accountable. The second group could arguably be retailers who sell defective products.
Another class of people is distributors and wholesalers. There is also a possibility that multiple defendants would be named for reasons unrelated to the formula.
Suppose a company in charge of producing and manufacturing baby formulae, such as Nestle or Gerber, fails to provide adequate warnings about their product. In that case, they can be held civilly liable if the plaintiff suffered from complications because of this.
The manufacturer would have to have prior knowledge that there was a risk associated with using their product. They would have to fail to provide a warning, which directly and proximately caused the plaintiff’s injuries.
The lawsuits filed against retailers involve those who sell the product at stores such as Walmart or Target. These companies can be considered liable if it is shown that they knew about the defect and failed to act adequately by not recalling their defective product. They would also be liable if they were found negligent in selling the product to consumers without adequate warnings, leading to injuries.
Wholesalers and Distributors
Distributors and wholesalers of baby formula can also be held liable if they sell a defective product. It generally comes up as a question when there was a large recall of infant formula because of problems related to the product. If distributors or wholesalers continue to sell their defective products, they can be held liable for any injuries because of the defect.
A plaintiff doesn’t necessarily need to prove all these defendants were negligent to win a lawsuit against them. They have to show that it is more likely than not that there was a defect in the product and that this defect directly led to their injuries.
How to Win This Lawsuit?
To win a baby formula lawsuit, you would need to prove four things:
- You used the product as intended.
- It was defective.
- The defect directly and proximately caused your injuries.
- You suffered damages as a result of this injury.
If you can prove these four aspects, you would win your case against the company that manufactured or sold the child formula. You need to prove that your child suffered from adverse side effects and harm. Your child’s injuries were directly related to the use of the defective product. The defendant or defendants were negligent in operating their business and placing a faulty product on consumers. This negligence directly caused your child’s injuries.
How a Product Liability Attorney Can Aid You
If the defective baby formula injured your child, the first step you should take is to seek medical attention. Then, hire an attorney specializing in these cases because this type of litigation can be complex, and the more knowledge, the better. Attorneys need all the proof they can get to prove your case and win your lawsuit.
Expect a lot of paperwork related to your case, which can be overwhelming for most people. Your attorney is responsible for going over this information with you so you know what’s going on. Once the discovery process ends, attorneys often go into settlement negotiations with companies that produce or sell infant formula.
In most cases, a settlement has been reached before the case goes to trial. However, there might be a need for mediation and arbitration in some instances. If these fail to come up with a resolution acceptable by both parties, it will go to trial. At trial, you have the chance to tell your side of the story. Your product liability attorney will present all the documents and evidence needed to prove that this defective product has harmed you.
In conclusion, you can win a baby formula lawsuit if you were injured due to a defect in the formula. If companies knew or should have known about this defect and they failed to take the necessary steps, they can be held liable for injuries that resulted from this defect.