Defective Products and Product Liability Claims
Products are supposed to be safe for consumers to use. If a person is injured when using a product, state law affords the victim the opportunity to pursue legal action against the manufacturer, distributor or retailer for the damages he or she sustained.
If you believe that your injury was caused by a defective product, contact an experienced Phoenix product liability lawyer at Phillips Law Group. We have extensive experience seeking compensation after our clients were injured by dangerous products. We can discuss your legal options during a free, no-obligation consultation.
What Is Considered a Defective Product?
Product liability cases are based on whether a product is defective or unexpectedly dangerous. A defective product is one that causes injury to a person or other type of damage due to a defect in the product, its intended use or its labeling. Manufacturers and other parties involved in the chain of commerce can be held liable for injuries stemming from the product’s use.
Types of Defective Products
There are three types of potential defects:
A manufacturing defect usually involves some type of mistake during the manufacturing process. Not all of the products are defective. Instead, there may have been a mishap that caused a batch of products to be defective or have some flaw or defect in their manufacture.
A design defect is when the original design of the product is unsafe. The entire product line is dangerous. For example, a drug manufacturer may neglect to use childproof lids for their medications. Design defects may also occur when the product was not properly tested.
A warning defect occurs when there are insufficient instructions or warnings that make the product dangerous for consumers. If the manufacturer fails to provide proper warning labels or clear instructions and a consumer is injured as a result, they can be held liable.
The above defects may apply to a number of products on the market, including the following:
- Car seats
- Safety devices for children
- Medical devices
- Automotive parts
- Elevators and escalators
- Safety equipment
- Building materials
- Toxic chemicals
If you think that a product defect resulted in your injury, it is important that you seek help from a qualified attorney to pursue compensation for the damages you sustained.
Establishing a Product Liability Case
There may be numerous legal theories that form the basis of a product liability claim, including the following:
Most consumers will try to bring their case under a strict liability claim because it requires less proof than other legal theories. In a strict liability case, the consumer does not have to show fault or negligence. Instead, you must establish that the product was defective and caused the injury.
In a strict liability claim, the at-fault party must have been able to anticipate that someone in the customer’s position could have been hurt by the product. This includes customers as well as bystanders. Additionally, the use must have been anticipated by the manufacturer. It includes intended use as well as other reasonably anticipated uses of the product.
The consumer is entitled to sue anyone in the chain of distribution, including design companies, component part manufacturers, assembly plants, suppliers and retailers. The seller must be a commercial seller who regularly sells these types of products.
If strict liability cannot be established, a consumer may bring a case based on breach of warranty. There may be express or implied warranties that cover the product. If this warranty is breached, recovery may be possible.
Another possible legal theory is negligence. This requires showing how the manufacturer was careless and breached its duty to provide safe products for consumers.
See How a Product Liability Attorney Can Help
Litigating a product liability case is quite complex. It requires an attorney to understand complex technical information and how to apply it to your specific situation. If you were injured by a defective product, it is critical that you retain the services of a qualified attorney.
The Phoenix personal injury attorneys at Phillips Law Group has successfully secured compensation for our clients who were injured by dangerous products. We charge no upfront fees and work on a contingency fee, so we only get paid for our services if we secure compensation on your behalf.
Sophia H is a pleasure to work with! Thanks for all you do.
Sophia H. at Phillips Law Group has been an absolute joy to work with -quick, responsive, and professional in every interaction. Her breadth of knowledge, from administration to IT to finance, is nothing short of impressive.
Definitely recommend! Awesome
Positive: Professionalism, Quality, Responsiveness, Value As someone who is familiar with the inner workings of the auto insurance industry I can whole heartedly endorse Steven J. Jones and Phillips law group as someone I would want on my side should litigation take place. They handled my case professionally, honestly, and with satisfactory results which I would not have expected without enlisting their help.
Juan Roque has been integral with my legal needs. Communication has been easy. He conveys information I can easily understand without a lot of "Legal Fluff" jargon. I will certainly do business with Phillips Legal team again and refer them to my friends and family.
The lawyers here are of top quality. Especially Trey Dayes, who was always respectful and hard-working.
Phillips Law Group does so much for the community!!! I especially enjoy seeing Juan Roque out there. This gentle giant always has a smile on his face and is a part of a caring and giving team.
I want to thank attorneys Tim and Robert and the paralegal Bethany for all they had done on my case. They were all empathetic, knowledgeable and professional. All my questions were answered, emails returned in a timely matter, and promises fulfilled. I recommend Phillips Law Group if you need help with your injury case.
Great experience! Took care of pretty much everything, and I always felt like I want in good hands. Caroline Fa. was also a great help with everything. She always returned my calls and I never felt unheard. Even after my case she would still help me with my insurance documents.
Jasmine , did a great job . Highly recommend!!!!!