Product Liability Lawyer

Product Liability Lawyer

According to the Consumer Product Safety Commission (CPSC), millions of Americans are harmed every year by defective and dangerous products. A product liability lawyer fights to hold manufacturers and retailers accountable for any harm caused by the products they make or sell. Any negligence in the stream of commerce that leads to a defective product causing injuries can lead to liability.

Companies must ensure that the products they make are safe, up to industry standards, and free from defects. This includes proper design and manufacturing. When companies fail to sell safe products, they may be liable for any injuries and damages caused by the product.  That’s when you need the help of a Phoenix product liability lawyer.

Does Federal Law Protect Me From Defective Products? 

Not really. There is no Federal Product Liability Law, but there are federal laws that regulate how companies design and manufacture products, as well as market their products, to increase public safety.

Does State Law Protect Me From Defective Products? 

Yes. States have product liability laws to protect consumers from hazardous products. Product liability claims are typically controlled by your state’s laws. Under the law, injury victims may be able to sue a product’s manufacturer, a component’s manufacturer, assembler, distributor, or retailer for any injuries caused by a dangerous or defective product.

A.R.S. 12-681(5) defines “product liability actions” to include “any action brought against a manufacturer or seller of a product for damages for bodily injury, death or property
damage” caused by a defective product. This includes actions based on both strict liability and negligence.

The law is not limited to consumer household items, it also applies to products like automobiles, guns, weed killer, children’s toys, medical devices, and other consumer goods. These claims are usually filed under theories of negligence, strict liability, and breach of warranty.

If you’ve purchased any item that injures you or a loved one, you might be able to seek compensation if the product was defective or dangerous. Product liability lawyers and victims can help bring about change by holding the responsible parties accountable–making them pay out for injuries and damages incentivizes manufacturers and retailers to take steps that improve product design, limit manufacturing defects, and make products safer.

Can I Sue For A Manufacturing Defect?

In Arizona, a product is defective and unreasonably dangerous because of a manufacturing defect if it contains a condition that the manufacturer did not intend and, as a result, it fails to perform as safely as an ordinary consumer would expect when the product is used in a reasonably foreseeable manner.

Can I Sue For A Design Defect?

In Arizona, a product is defective and unreasonably dangerous because of a design defect if the harmful characteristics or consequences of its design outweigh the benefits of the design.  The manufacturer or seller is presumed to have known the facts about the harmful characteristics or consequences of the product’s design. If the manufacturer or seller puts the product on the market without changing the design, then the product is defective and unreasonably dangerous because of a design defect. Alternatively, a product is defective and unreasonably dangerous because of a design defect if it fails to perform as safely as an ordinary consumer would expect when the product is used in a reasonably foreseeable manner.

Can I Sue For An Information Defect?

In Arizona, a product, even if faultlessly made, is defective and unreasonably dangerous if it would be unreasonably dangerous for use in a reasonably foreseeable manner without an adequate warning or instructions.

What Does Strict Liability Mean in Product Liability Cases?

Strict liability means the manufacturers and sellers are responsible for the harms and losses caused by their actions, regardless of negligence or recklessness. Under this legal doctrine, those who manufacture, assemble, design, sell, or market unsafe products can be liable for injuries caused by the product even if they took precautions during the manufacturing process. In other words, you might not need to prove negligence.

How Long Do I Have To Sue For A Product Liability Claim?

In Arizona, The statute of limitations for filing a product liability lawsuit is two years.

What Kind Of Damages Can I Recover In A Products Liability Case?

Damages include the economic and non-economic losses you suffered from a defective or dangerous product.  These losses can include:

• Past medical bills;
• Reasonably likely future medical care;
• Property damage;
• Lost wages;
• Lost earning capacity;
• Pain and suffering;
• Disfigurement and scarring;
• Loss of enjoyment of life; and
• Loss of consortium.

You might also be able to sue for punitive damages, but Arizona courts rarely grant punitive damages in personal injury cases.

Our Phoenix Product Liability Attorneys Accept Cases Nationwide

While our office is in the Biltmore area of Phoenix, Arizona, we accept cases throughout the United States.  Call today for your free consultation.