Mesa Product Liability Attorney
Consumers have a right to expect that when they purchase a product, it should be free of defects and perform in a manner that is consistent with the product packaging and other advertising materials. When manufacturers fail to meet these obligations, they put consumers at risk of potential injury. If you have been injured by a defective product, you may be eligible to receive financial compensation.
At Phillips Law Group, we have a proven track record of successfully recovering compensation on behalf of defective product victims including a $15,130,422 recovery on behalf of Yaz, Yasmin and Ocella users, $5,297,849 on behalf of Avandia users and a $2,205,675 recovery for Depuy Hip implant recipients.
To speak with a Mesa product liability attorney today, contact us by calling 1-800-706-3000, or complete the "Free Case Evaluation" form on this page. There are no upfront fees and we only get paid when we obtain a recovery.
Phillips Law Group - Free Consultation. Ph: 1-800-706-3000.
Who Can Be Held Liable?
In product liability cases, commonly there are two primary types of categories - design defects and manufacturing defects. There may also be a number of liable parties that can be held accountable for their negligence. Some of these include:
- Manufacturers - in the event that there is a defect in a product that was not a part of the original design and that defect occurred during the manufacturing process, the manufacturer of the item may be held liable. In the event that there is an issue with the actual design of the product, it will need to be established that:
- Was there an opportunity for the manufacturer to use an alternative, cost-effective design that eliminated the issue while not changing the intended purpose of the product?
- Was there an issue with the design that may be considered dangerous prior to it being put into production?
- Could the manufacturer have identified that the design may injure someone that uses the product?
- Wholesalers/Distributers - generally considered to be an intermediary between manufacturers and retailers, wholesalers and distributors handle the items while in transit to their final location. During these periods of storage and/or transit, a product may be exposed to damage that compromises the integrity of the product.
- Retailers - when a consumer purchases a product from a retailer, it is implied that the product is safe to use. Even if you have not purchased or used the product, you may still be eligible to recover compensation. This also applies to the purchase of used goods.
Labelling can also be an important part of liability. In the event that there were no warning notices on a product in the form of instructions, warning notices or other methods, there may be grounds for liability.
When filing a product liability lawsuit, the burden of proof is the responsibility of the plaintiff, to prove that their injury is directly related to the defect in the product that they used.
Types of Product Liability Cases
There are generally three areas that product liability claims belong to:
- Negligence - determines that there was a carelessness during the design and/or manufacturing process that resulted in a product that caused injury to the user.
- Strict Liability - most defective product cases are pursued under Strict Liability, where the plaintiff is required to prove that a defect exists in a product and that an injury resulted from that defect.
- Breach of Warranty- there are generally two types of warranties - express and implied:
- Express Warranty - these are usually provided by the manufacturer or retailer and represent the product and its safety
- Implied Warranty - commonly provided by the manufacturer, this is offered on the basis that if the product is used as intended, it is safe.
Have Some Questions? Call Us Today. Ph: 1-800-706-3000.
How Do I Know If I Have A Product Liability Case?
If you have been injured while using a product in the way it has been recommended to be used on it's labelling and packaging, you may be eligible to file a damages claim.
However, as each case is different, we encourage you to contact a defective product lawyer at Phillips Law Group today and allow us to review the merits of your claim to help determine if you have a case and if so, the most effective method to move forward with proceedings.
What Damages May Be Available To Me?
There can be different types of damages that are available when pursuing a defective product damages case:
- Compensatory Damages - are costs directly associated with the treatment and recovery of the injury. They may include costs associated with medical treatment, nursing costs, lost income, reduced earning capacity, therapy and similar items.
- Nominal Damages - these may be awarded when there is proof that a product has caused an injury, but no damage or loss was associated.
- Punitive Damages - are often awarded when the court determines that the defendant has acted in a malicious and/or reckless manner and must be punished for their actions.
When building a damages claim, we aim to successfully recover compensation on behalf of our client, while holding negligent parties responsible for their actions. To accomplish this, we need to establish various elements that prove negligence. These may include:
- The Plaintiff was injured and/or suffered loss due to the defective product.
- The product must be proven that it is defective.
- It must be proven that the product was being used as it was intended to be used.
It's important to note that it can be difficult to determine the value of your specific claim, without knowing all of the factors that went into it. However, we understand that you have questions and we can help you find the answers.
Need Some Help? Call 1-800-706-3000.
How Can Phillips Law Help Me?
When an injury lawyer handles a lawsuit on behalf of a client, the financial recoveries from those cases are greater when compared to the cases that are not handled by an attorney.
Additionally, insurance companies often become involved in proceedings shortly after a person has suffered an injury due to a potentially defective product. The goal of insurance companies is to settle claims as quickly as possible for the lowest possible financial amount. Often, insurance representatives will ask for a statement from the victim and may request that certain documents be signed. Victims are often not told that this information may be used against them to discredit their claim.
The product liability lawyers at Phillips Law Group are familiar with the strategies that insurance companies use on injury victims. We can help to act as a shield, by handling all of their inquiries on your behalf. With more than $750,000,000 in compensation recoveries on behalf of our clients, we can build a robust argument for your damages case, and work to recover the maximum amount of compensation that you may be eligible to receive.
Contact A Mesa Product Liability Attorney Today
For more than 27 years, Phillips Law Group has been helping to protect the rights of injury victims and their families.
Our founding partner Jeffrey Phillips is an award-winning attorney that has served as lead counsel in more than 40 jury trials, and obtained verdicts in Maricopa County, Pinal County, Pima County, Navajo County and more.
To learn more about the legal options that may be available for your product liability claim, speak to a lawyer at our firm by calling 1-800-706-3000, or contact us by completing our "Free Case Evaluation" form. There are no upfront fees if we take on your case and we only get paid when you do.
Phillips Law Group - Free Consultation. Ph: 1-800-706-3000.