Tempe Product Liability Lawyers
Millions of products are sold in the U.S. every day. While most of these products are safe and work as intended, some of them are dangerous and harm consumers because of defects. If you or a loved one was injured by a defective product, you may be eligible to a file product liability claim.
At Phillips Law Group, we have successfully helped recover millions in compensation for defective product victims. This includes a $2.2 million dollar settlement on behalf of recipients of DePuy Hip implants.
Our Tempe product liability lawyers are prepared to review your claim and determine your legal options during a free consultation. We charge no upfront fees and you only paying us if you recover compensation.
Call 1-800-706-3000. We are available 24/7 to take your call or chat online.
Do I Have a Product Liability Case?
If you were injured by a defective product, you may be able to take legal action against the manufacturer, designer or seller of the product. However, each case is unique, so it is important to talk to an experienced product liability lawyer to learn if you have the legal basis to file a claim.
Typically, you must be able to prove one of the following legal theories to be eligible for compensation:
When you use a product, you expect it to be safe to use. Strict liability holds parties responsible for defective products. As long as certain criteria are met, you do not need to establish the manufacturer was negligent.
For strict liability to apply, you must be able to establish the following:
- The product contained an unreasonably dangerous defect that injured you
- You used the product in the way it was intended to be used at the time you were injured
- The product’s condition was not substantially changed from its original condition after you purchased it
- You made the claim against a manufacturer who regularly sells the product in the course of business
When a company’s carelessness results in bodily injury or property damage, this may be considered negligence. To establish a claim based on negligence, you must be able to prove the following legal elements:
- Duty of care – You must prove the other party owed you a duty of care. For example, a manufacturer has a legal duty to use ordinary care to produce safe and effective products.
- Breach of duty – The other party breached the duty of care by failing to exercise that care as a reasonable person or entity would under similar circumstances. For example, a company may have failed to provide quality checks of its products or to warn consumers about a known issue with the product.
- Causation – The other party’s actions were the direct cause of the injuries you suffered. This element is often the most difficult to establish and having a reputable attorney on your side can help you establish this element.
- Damages – You suffered damages because of the negligent act, such as property damage, medical bills or loss of wages.
Breach of Implied or Express Warranty
A warranty is a type of guarantee that a seller gives regarding the quality of a product. This may be either an express or implied warranty.
An express warranty is one that the manufacturer clearly states, such as stamping it on its product box. It will usually state how long the product will last for. An implied warranty applies to most consumer products over a certain value but only provides a basic level of protection for consumers.
In either case, if the product does not work as warranted, the seller could be held liable for breach of warranty.
Our Tempe product liability attorneys have a detailed knowledge of Arizona’s product liability laws. We are prepared to conduct a thorough investigation to determine if one of the legal theories discussed above applies to your claim.
Call 1-800-706-3000 now to schedule your free consultation.
Types of Defective Products
Defective products are usually classified in one of the following categories:
- Manufacturing defect – A manufacturing defect occurs when a product was defectively manufactured. There is some error that occurs while making the product, such as a problem with a machine at the factory where it was produced. This defect makes the product dangerous to use.
- Design defect – This type of defect involves a product that is inherently dangerous based on how it was designed. The design of the product is flawed, such as a certain car model that has a tendency to flip over when turning a corner or appliances that can electrocute the user when turned on high.
- Defective warning – The final classification occurs when there are not adequate warnings or instructions. A product may be dangerous in some way that is not obvious to the consumer and requires extra precautions but the manufacturer fails to provide this information. For example, certain drugs may adversely react with other drugs.
What Is My Case Worth?
One of the most important aspects in evaluating a product liability claim is determining the types and amounts of damages you have suffered. Defective products can cause a variety of damages, including damage to your property, bodily injury or even death. The value of your case will depend on several factors, including the damages that you have sustained.
You may be able to receive compensation for the economic damages that you have sustained, which are those damages that can be tied to a certain monetary value, such as:
- Property damage
- Medical expenses
- Lost wages
- Lost earning capacity
Additionally, you may be able to receive compensation for non-economic damages. These damages are not easily quantifiable and represent the physical and emotional damage you suffered, such as:
- Pain and suffering
- Mental anguish
- Loss of consortium
- Loss of enjoyment of life
We encourage that you contact us to assess what your claim may be worth.
Who Can Be Held Liable for a Defective Product?
As part of our representation, we will identify all parties who may be responsible for your damages. Some of the parties that may be held liable for a defective product include:
- The manufacturer of the product
- The parts or components manufacturer
- The wholesaler
- The supplier
- The distributor
- The company that assembled or installed the product
- The retail store that sold the product to consumers
Time Limits for Filing Product Liability Claims
There is only a limited amount of time to file a product liability claim. The deadline to file is usually two years from the date the injury happened caused by the defective product. If you attempt to file after the deadline passes, your case will likely be dismissed and you will be barred from recovering compensation.
There are certain exceptions to this deadline. In some situations, you will have less time to file. In others, you will have more time. Arizona follows the discovery rule, so if you did not know that your injuries were caused by the defective product, you may have two years from the date of discovering this connection to file your claim. We recommend getting in touch with a knowledgeable Tempe product liability lawyer from our firm to determine the deadline that applies given your particular circumstances.
Speak With a Tempe Product Liability Attorney Now
Product liability claims are often complex and may even require the testimony of an expert witness who can explain what caused the defect. It is in your best interest to speak with an experienced Tempe product liability attorney at Phillips Law Group to learn more about your rights and your legal options.
Our firm has more than two decades of experience working with injury victims throughout the state of Arizona. We have recovered more than $750 million in compensation for more than 155,000 clients.
Contact us for a completely free, no obligation consultation. We can review your claim and discuss whether you may be able to take legal action. There are no upfront fees and we do not get paid unless we help you recover compensation. We are available 24 hours a day, seven days a week to take you call or chat online.
Call 1-800-706-3000 to get started on your claim.