Defective Products and Product Liability Claims
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December 19, 2018
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.
Call 1-800-706-3000 or fill out ourFree Case Evaluation formtoday to get started on your claim.
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Sophia H is very helpful.
I tried a few previous law firms and none would take my car accident case with confidence they could get my anything. Phillips law group took my case and although it took around 4 years to get this case settled as I was in treatment, they never let up with insurance adjusters and they got me as much money as possible. They worked hard for me and advocated for me. Shoutout to key individuals who worked my case nonstop of the years, Robert Ross & Jasmine, you are AMAZING!
Working at Phillips Law Group has been great the 1st few years in I noticed how well organized and run this Firm was from Intake to Settlement the Client has the expertise of a staff member uniquely qualified for the particular stage of each Clients claim and all other Law firms try to emulate what we do here but none quite get it right because they lack one major component “Compassion”. We are a FAMILY not just a group of people/employees. We care deeply about each other and our clients’ we are considerate, compassionate and make sure that all our Clients’ needs are met from beginning to end. That’s because we treat our clients just like we treat each other. Nothing like walking through the office and saying Hello to fellow employees who always seem to be smiling. 16yrs in and it only seems to be getting better.
I would like to thank Vanessa Rodriguez for helping me with my case because I was in total shock about the accident. She had listened to all my concerns and had answered every question I had . She was great !!!
Two family members were in a bad wreck a couple of years ago, and as a result called Phillips Law to represent them. Montana Thompson was the attorney assigned to the case with the help of Nemo Farr as legal assistant. Mr. Thompson litigated a very generous settlement for both my stepdaughter and her son. Because my grandson is a minor, I decided to act as conservator for him to ensure the settlement was safe and secure. Montana helped with that process, but it was Nemo who went way above and beyond the call in finding a financial institution to use for the restricted account. There were some glitches in that process but Nemo helped navigate them with a calm expertise which belies his age. I would consider them both great representatives of the level of commitment to their clients and assets to their firm.
Kathy Hudson and Donato Giovanatto. Continues to go above and beyond the call of duty. Reaching out to the insurance company about the damage to the vehicle. Forcing them to take responsibility.
The lawyers here are of top quality. Especially Trey Dayes, who was always respectful and hard-working.
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.
It’s an Honor and a Privilege to work for a company that cares about its employees and clients for 12 years. I’ve seen Management go out of their way to help someone whether it’s a personal matter or work related. I am also reminded of many occasions where a Client needed urgent help and we as a Team were able to get the person immediate assistance. At Phillips Law we make that happen through Teamwork and a dedication to our profession. I’ve had numerous jobs in several other fields, those were just jobs. This is a home. Many of us have been here for quite a few years, it feels like one large extended family.
I was recently served court documents that I was being sued from an accident that happened years ago. For someone who has never been through something like this and not familiar with the court lingo or where to even begin, it was very frustrating and stressful. I reached out to a family member who knew Tracy Laskos and the great reputation of Phillips Law Group and within the hours of the initial call for help, I had a direct number to Lead Attorney Nassar. Nassar heard my case and almost instantly put me at ease by explaining the process and how easy it was to handle. Nassar spoke to me like he was a friend, not like I was a client. I am so grateful to Tracy, Nasar and of course my cousin Stephanie for helping out and giving me the direction that I needed to get through this situation. I plan on referring my friends, family and patients that are in need of a personal injury Attorney to Phillips Law Group. Thank you!!