Tucson Product Liability Lawyer
When consumers purchase a product, they expect it to be free from defects, safe for its intended use and perform consistent with statements made on packaging and in advertising. When products fail to work as intended, they can cause serious and potentially irreversible harm to consumers. If you have suffered an injury caused by a defective product, you may be eligible to file a product liability claim to recover compensation.
Our legal team at Phillips Law Group has a proven track record obtaining millions in compensation for defective product victims and their families. This includes a $23,000,000 recovery on behalf of Vioxx users and more than $15 million in compensation for users of Yaz, Yasmin and Ocella.
Our Tucson product liability lawyers are ready to review your claim and discuss your possible legal options in a free, no-obligation legal consultation. We charge no upfront fees and you only pay us for our services at the end of the legal process if we help you obtain a recovery.
We look forward to helping you. Call 1-800-706-3000.
Who Could Potentially Be Held Liable?
Product liability cases can be complex because multiple parties could potentially be held responsible for your injury. Some of these include the following:
- The product manufacturer
- The component or parts manufacturer
- The retailer
- The supplier
- The wholesaler
- The distributor
- The product assembly or installation company
Establishing fault often requires the assistance of an experienced lawyer who can answer any questions you may have, guide you throughout the legal process and protect your interests.
You can learn more about your rights during a 100 percent free consultation with a Tucson product liability attorney from our firm.
How Do I Know If I Have a Case?
If you have been injured by a defective product, you may be able to pursue legal action against the seller, manufacturer or another party. Generally, you must prove one of the three legal theories below to be eligible for compensation:
In this instance, you and your attorney will need to establish that negligence directly caused you to suffer an injury. There are four elements of the legal theory of negligence:
- Duty of care – The at-fault party owed you a duty of care. For instance, the manufacturer had a legal obligation to use reasonable care to produce a safe and non-defective product.
- Breach of duty of care – The at-fault party breached its duty of care by selling a product that was known to be defective and could potentially cause harm to consumers.
- Causation – The at-fault party’s negligence directly caused you to suffer an injury.
- Damages – You suffered damages due to the breached duty of care, such as medical expenses or loss of wages.
It can be very difficult to prove these elements of negligence on your own without the help of an experienced Tucson product liability lawyer at Phillips Law Group.
Under strict liability, you and your attorney only have to prove that the product was defective and that you suffered harm because of it. In this type of claim, you generally must prove the following:
- The product was sold in an unreasonably harmful condition that caused you injury.
- The product was used in the way it was intended at the time of your injury.
- The product’s condition did not substantially change from its original condition after purchasing it.
Breach of Warranty
There are two types of warranties: express and implied. An express warranty is a specific guarantee that the manufacturer or seller of a product makes about the safety of a product. An implied warranty applies to consumer products over a certain value that essentially guarantees that a product is not defective. However, it only provides a basic level of protection for consumers.
If a product does not work as it is supposed to, the manufacturer or seller could be held liable for breach of warranty.
Our licensed Tucson product liability attorneys are well-versed in Arizona product liability laws and are prepared to determine if one of these legal theories may apply to your situation.
Give us a call at 1-800-706-3000 to learn more.
Types of Defects That Can Cause Injuries
The three types of product defects include design defects, manufacturing defects and marketing defects.
- Design defects – The product was poorly designed or not tested properly, which caused the product to become defective and dangerous.
- Manufacturing defects – The product was designed as intended, but an error in the manufacturing process caused a problem with the product, making it dangerous to use.
- Marketing defects – The product was marketed poorly, lacked proper warning labels or clear instructions to help consumers avoid unnecessary injuries.
Damages Available in Product Liability Cases
If you have a viable product liability case, you may be eligible to pursue a variety of damages. The types and amounts of damages will depend on several different factors unique to your circumstances but may include both economic and non-economic damages.
These damages can be linked to a specific monetary loss, such as:
- Medical expenses
- Prescription medications
- Therapy or rehabilitative services
- Property damage
- Loss of wages
- Loss of earning capacity
These damages have no set monetary value and are more difficult to calculate because they represent the physical and emotional suffering you have experienced, such as:
- Pain and suffering
- Mental anguish
- Loss of consortium or companionship
- Loss of enjoyment of life
We welcome the opportunity to evaluate what your claim could potentially be worth.
What is the Deadline for Filing a Claim?
For most personal injury cases, including product liability cases, the statute of limitations in Arizona is generally within two years from the date of the injury. This means that in most instances, you have only two years to take legal action or you may lose the right to file a claim and the ability to recover compensation.
Although, there could be certain exceptions to this deadline. For instance, if you did not reasonably discover your injury until a later date, you may have more time to file a claim. Victims who are minors will also have a different deadline to abide by.
This is why it is important that you reach out to a lawyer for legal advice as soon as possible if you are unsure your time to file has passed.
Phillips Law Group’s legal team is available to help you today.
Why Should I Hire a Lawyer?
Product liability cases can be challenging and time-consuming. If you hire a lawyer, he or she can handle the legal process for you while you focus on what matters – your health.
Hiring a lawyer can be beneficial to your potential case in a number of ways. A lawyer can thoroughly investigate your situation to find all possible liable parties and collect the evidence needed to build a strong case on your behalf. This could include delving into the manufacturer’s or seller’s product history and obtaining your medical records to help showcase the cause and extent of the injuries you have suffered.
Insurance companies are often involved quickly after a defective product injury has occurred. The insurance agent will typically ask you to provide a recorded statement or ask for certain documentation to be signed. However, most victims do not realize that this information could be used against them to deny or devalue their claim.
Our Tucson product liability lawyers understand the tactics insurance companies use to pay out as little as possible and try to make you settle quickly for less than what your case may be worth.
Although there is no guarantee that you may be able to recover compensation, if we represent you, there are no upfront legal fees to worry about. This is because our firm works on a contingency fee basis, so you pay us nothing unless we are able to obtain compensation for you.
Read some of the reviews by our satisfied clients.
Call a Tucson Product Liability Lawyer for More Information
Have you or someone you know been injured due to a defective product?
Our legal team at Phillips Law Group is prepared to review the details of your situation and determine if you may have legal options. We offer free consultations at no risk or obligation to pursue legal action.
Our founder Jeffrey Phillips is an experienced trial lawyer and has served as lead counsel in over 40 jury trails, successfully obtaining verdicts in Pima County and throughout the state of Arizona. Our firm has been giving a legal voice to injury victims for more than 27 years and has obtained more than $750 million in compensation.
Reach out for more information about the legal process. We are available to take your call or chat online 24/7.