Roundup is one of the mostly commonly used herbicides or weed killers. However, the World Health Organization (WHO) has found that it is a probable carcinogen. Studies connect the product to leukemia, non-Hodgkin's lymphoma, and multiple myeloma, and many plaintiffs have sued the manufacturer of the weed killer, Monsanto Co., for damages arising out of their health problems. Specifically, plaintiffs allege that studies have linked glyphosate, the active ingredient in Roundup, to lymphoma. Many of these plaintiffs are agricultural workers who used the product on a regular basis. If you have suffered harmful health effects that you believe may be the result of using Roundup, you should consult the Roundup injury lawyers at Moll Law Group. Billions of dollars have been recovered in cases around the nation in which our toxic tort attorneys have been involved.Pursuing Compensation for Injuries Caused By Roundup
The claims brought by plaintiffs in these cases include strict liability, willful negligence, and breach of implied warranty. They allege that the weed killer has marketing defects and a design defect because it could have been made less hazardous. Plaintiffs' complaints also allege that Monsanto claimed that Roundup was harmless and safe for humans, animals, and the environment, and that the data supporting these statements was falsified. The product has been used on farms for almost 40 years without public knowledge that its use was dangerous. However, the manufacturer has continued to deny that Roundup is harmful.
Product liability lawsuits require a plaintiff to allege a recognized defect, which can be a design, marketing, or manufacturing defect. Design defects are flaws in the original formulation or design of a product, and they exist in all samples of the product.
Generally, in design defect cases, a plaintiff must prove that there was a foreseeable risk presented by the product when it was manufactured as intended and used for foreseeable purposes. Often, plaintiffs also need to prove that the risk of harm could have been reduced by an alternative design that was feasible and had the same utility. Marketing defects are often failure to warn cases, in which a manufacturer did not provide warnings about serious side effects or risks of injuries associated with using the product. For example, some plaintiffs allege that Monsanto failed to warn of the risk of lymphoma associated with ingredients in Roundup.
In many states, you can sue for defective products under a strict liability theory. This means you only need to prove that the product had a recognized defect and that the defect caused actual injuries or harm. However, in certain states, you need to prove negligence, which means that the manufacturer's actions or omissions fell below a particular standard of care. Proof of defects usually requires expert testimony.
If you are able to establish defects, you may recover compensation for your injuries. The amount of compensation is designed to put a plaintiff back in the same position he or she would have been in prior to being harmed by the product. They may include medical expenses, lost income, and other tangible damages. They may also include noneconomic damages like pain and suffering. If a plaintiff is able to establish fraud or that a manufacturer falsified data, he or she may also be able to recover punitive damages. These are damages designed to punish the defendant and deter similar future misconduct.Explore Your Options with a Roundup Injury Lawyer
Fieldworkers use weed killer routinely, and they may have been exposed to serious risks. If you suffered cancer or other health problems due to your use of this product, the Roundup injury attorneys at Moll Law Group are available to help you pursue all appropriate forms of relief. Our firm represents injured individuals across the country, including in states such as Michigan, Texas, Ohio, Illinois, Pennsylvania, New York, Florida, and California. Contact us through our online form or call us at 312-462-1700 to schedule a free consultation with an injury attorney.