Scottsdale Product Liability Attorney
Manufacturers have a legal obligation to make reliable and safe products that do not cause harm to others. When a manufacturer fails this duty, he or she may be held liable for injuries caused by the product.
If you or someone you love has been injured by a defective product, we invite you to contact a licensed Scottsdale product liability attorney to learn more about your potential legal options. At Phillips Law Group, our firm has represented over 155,000 clients. We have nearly 30 years of experience helping injured clients obtain millions in defective product cases, such as Avandia, Yaz, Yasmin and Vioxx.
Although your consultation is free, you are under no obligation to choose us as your attorney. However, if we do represent you, there are no upfront fees for you to pay. This is because we accept defective products cases on contingency, so we only get paid if we secure compensation for your injuries.
Do I Have a Case?
There are typically two types of product liability cases in Arizona: strict liability and negligence.
Strict liability means that as the injured victim, you are only required to prove the product was defective and that you suffered harm as a result. This may include proving the following:
- The manufacturer, designer or distributor sold the product in an unreasonably harmful condition.
- The harmful condition was present at the time the product left the manufacturer, designer or distributor’s control.
- The product’s harmful condition caused you to suffer injury.
To prove that negligence is the cause of your injury, our Scottsdale product liability attorneys will need to establish that the manufacturer was careless in designing or producing the product by proving the four elements of negligence:
- Duty of care - The manufacturer had a legal duty of care to sell a reliable and safe product.
- Breach of duty of care - The manufacturer breached its duty of care and sold a product it knew was defective and could potentially cause harm.
- Causal link - The manufacturer’s negligence directly caused you to suffer an injury.
- Damages – Damages you suffered, including medical expenses or lost wages, that happened as a result of the manufacturer’s negligence.
It is challenging to prove these elements on your own without the guidance of an experienced Scottsdale product liability attorney. At Phillips Law Group, we can discuss your situation during a free consultation to see if you are eligible to file a defective product case.
Types of Product Defects
Products that pose a danger to consumers may be inherently defective. This means the product never worked as intended or marketed to consumers. We may determine this by reviewing three factors:
- Design defect - The product’s defect resulted in a flaw in the product that existed before it was manufactured.
- Manufacturing defect - The product’s defect was created during the manufacturing process.
- Marketing defect - The product was poorly marketed, lacked sufficient instructions on how to consume the product or failed to give consumers a proper warning of its potential dangers or risks.
Contact Phillips Law Group for a free review of your claim.
What is the Value of My Case?
Determining the value of any case is difficult without knowing details. That is why we recommend speaking with a Scottsdale product liability attorney from our firm so he or she can review your situation and provide a better idea of the potential value of your claim.
If our lawyers determine that you have a valid case, and we represent you, we will work hard to pursue compensation for the damages you experienced as a result of a defective product. Some damages you may be eligible for could include:
These types of damages are the financial losses you experienced because of the defective product. Perhaps the product caused you to become ill and you had to seek medical attention. We can pursue compensation to cover these costs. We may also pursue other losses related to your injuries, such as:
- Loss of income from being unable to work
- Loss of future earning capacity
- Prescription medication
- Transportation costs to medical appointments
- Property damage
These types of losses typically cover the pain and suffering you experienced after suffering an injury. This may include emotional distress, loss of enjoyment of life or trauma.
Limits on Damages in Arizona
If you are partially at fault for the accident, you may still be eligible to pursue compensation, however, the amount of compensation will be reduced in proportion to your degree of fault. This is because Arizona follows a pure comparative negligence rule. This means that if you were rewarded $100,000 but are found to be 30 percent at fault for your injury, then your reward will be reduced to $70,000.
However, if you intentionally caused or contributed to your harm, you may be barred from receiving compensation.
Fill out a Free Case Evaluation form today to get started.
Is There a Time Limit to File a Case?
In Arizona, product liability cases follow personal injury requirements, which gives victims two years from the date of injury to take legal action. This rule is mandated under Arizona’s statute of limitations. Generally, cases filed after the statute of limitations has run out, may no longer be eligible to pursue compensation.
Each case is unique, so if you believe you have passed the two-year deadline, there may be some exceptions that apply to your situation.
How Can a Lawyer from Phillips Law Group Help?
Product liability cases are extremely complex. By having an attorney on your side, your lawyer can handle the difficult stages while you focus on the most important thing, your health and well-being. A lawyer may be beneficial to your potential case in the following ways:
Thoroughly Investigating Your Claim
Your lawyer will understand how to build a strong case and will manage investigations on your behalf. This may include looking into the manufacturer’s history, researching the effects of dangerous ingredients found within the product or determining whether the error occurred at the design stage or marketing stage.
Product liability cases are only as strong as the supporting evidence. Your Scottsdale product liability lawyer will obtain medical reports to help establish the cause and extent of your injury, along with witness statements and photographs of your injury.
Our lawyers at Phillips Law Group have handled a number of similar cases, so we understand the value of your potential case. We also know how insurance companies work and how they may try to devalue your claim and settle for much less than what your case is actually worth. When you work with one of our attorneys, we will make sure that these tactics are not being used in your situation and pursue the maximum compensation for your injuries.
You Pay Nothing if We Lose Your Case
There is not always a guarantee that your claim will receive compensation. However, when you work with us, you do not have to worry about out-of-pocket costs. Because we work on contingency, you pay us zero attorney fees unless we successfully recover compensation.
Product liability cases are a serious matter that involves many parties. You may have pending medical bills on top of other expenses, such as a mortgage. Your product liability lawyer will be able to provide the guidance you need to get through this difficult time.
We are here to help! Call today to get started 1-800-706-3000.
Common Product Defects
Our Scottsdale product liability lawyers take on different types of defective product cases from dangerous drugs to defective medical devices, including:
- Home appliances – Consumers may be injured from something small that they use daily, such as water heaters, microwaves, outdoor grills or dishwashers.
- Motor vehicle equipment – Examples of defective motor vehicle equipment often includes safety or engine features like brakes, air bags or seat belts.
- Medical equipment – This may include hip replacement devices, breathing machines, blood clot filters and surgical mesh.
- Children’s products – Toys that cause choking hazards, defective beds, strollers or car seats, may all lead to serious injury.
- Power tools – Power tools are often dangerous when used the wrong way, but a defective power tool may cause unexpected harm. This could be drills, saws, nail guns and other equipment.
Contact an Experienced Product Liability Attorney to Learn More
If you or a loved one has been injured by a defective product, do not hesitate to contact an experienced Scottsdale product liability attorney from our firm today.
We understand that suffering from these damages can make your life more difficult. This is why we strongly encourage victims to reach out to us to discuss their potential legal options. If you have a valid case, we will work hard to hold the negligent party liable and pursue maximum compensation for the damages you have suffered.
We are available 24/7. Get started now by calling 1-800-706-3000.