Defective Products and Product Liability Claims
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December 19, 2018
Products are supposed to be safe for consumers to use. If a person is injured when using a product, state law affords the victim the opportunity to pursue legal action against the manufacturer, distributor or retailer for the damages he or she sustained.
If you believe that your injury was caused by a defective product, contact an experienced Phoenix product liability lawyer at Phillips Law Group. We have extensive experience seeking compensation after our clients were injured by dangerous products. We can discuss your legal options during a free, no-obligation consultation.
What Is Considered a Defective Product?
Product liability cases are based on whether a product is defective or unexpectedly dangerous. A defective product is one that causes injury to a person or other type of damage due to a defect in the product, its intended use or its labeling. Manufacturers and other parties involved in the chain of commerce can be held liable for injuries stemming from the product’s use.
Types of Defective Products
There are three types of potential defects:
Manufacturing Defect
A manufacturing defect usually involves some type of mistake during the manufacturing process. Not all of the products are defective. Instead, there may have been a mishap that caused a batch of products to be defective or have some flaw or defect in their manufacture.
Design Defect
A design defect is when the original design of the product is unsafe. The entire product line is dangerous. For example, a drug manufacturer may neglect to use childproof lids for their medications. Design defects may also occur when the product was not properly tested.
Warning Defect
A warning defect occurs when there are insufficient instructions or warnings that make the product dangerous for consumers. If the manufacturer fails to provide proper warning labels or clear instructions and a consumer is injured as a result, they can be held liable.
The above defects may apply to a number of products on the market, including the following:
- Toys
- Car seats
- Safety devices for children
- Medications
- Tools
- Machines
- Appliances
- Clothing
- Medical devices
- Automotive parts
- Elevators and escalators
- Safety equipment
- Building materials
- Toxic chemicals
If you think that a product defect resulted in your injury, it is important that you seek help from a qualified attorney to pursue compensation for the damages you sustained.
Establishing a Product Liability Case
There may be numerous legal theories that form the basis of a product liability claim, including the following:
Strict Liability
Most consumers will try to bring their case under a strict liability claim because it requires less proof than other legal theories. In a strict liability case, the consumer does not have to show fault or negligence. Instead, you must establish that the product was defective and caused the injury.
In a strict liability claim, the at-fault party must have been able to anticipate that someone in the customer’s position could have been hurt by the product. This includes customers as well as bystanders. Additionally, the use must have been anticipated by the manufacturer. It includes intended use as well as other reasonably anticipated uses of the product.
The consumer is entitled to sue anyone in the chain of distribution, including design companies, component part manufacturers, assembly plants, suppliers and retailers. The seller must be a commercial seller who regularly sells these types of products.
Warranties
If strict liability cannot be established, a consumer may bring a case based on breach of warranty. There may be express or implied warranties that cover the product. If this warranty is breached, recovery may be possible.
Negligence
Another possible legal theory is negligence. This requires showing how the manufacturer was careless and breached its duty to provide safe products for consumers.
See How a Product Liability Attorney Can Help
Litigating a product liability case is quite complex. It requires an attorney to understand complex technical information and how to apply it to your specific situation. If you were injured by a defective product, it is critical that you retain the services of a qualified attorney.
The Phoenix personal injury attorneys at Phillips Law Group has successfully secured compensation for our clients who were injured by dangerous products. We charge no upfront fees and work on a contingency fee, so we only get paid for our services if we secure compensation on your behalf.
Call 1-800-706-3000 or fill out ourFree Case Evaluation formtoday to get started on your claim.
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Phillips Law Group has a proven track record of success. Juan Roque, in particular, is integral to that. He works with integrity, compassion, and an undefeated optimism that makes him a valuable asset.
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Definitely recommend! Awesome
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I was recently served court documents that I was being sued from an accident that happened years ago. For someone who has never been through something like this and not familiar with the court lingo or where to even begin, it was very frustrating and stressful. I reached out to a family member who knew Tracy Laskos and the great reputation of Phillips Law Group and within the hours of the initial call for help, I had a direct number to Lead Attorney Nassar. Nassar heard my case and almost instantly put me at ease by explaining the process and how easy it was to handle. Nassar spoke to me like he was a friend, not like I was a client. I am so grateful to Tracy, Nasar and of course my cousin Stephanie for helping out and giving me the direction that I needed to get through this situation. I plan on referring my friends, family and patients that are in need of a personal injury Attorney to Phillips Law Group. Thank you!!
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I enjoy my work day here at Phillips Law Group and generally speaking I love my clients. Every day brings a new client or task to keep me on my toes. Administration keeps open communication and is hilarious most of the time! I love the way we celebrate FRIDAY, holidays and birthdays and how everything is so competitive. All in all I’m so fortunate to be here and I enjoy what I do.
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Phillips law group has an amazing staff and i recommend them to everyone.
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Sophia H. at Phillips Law Group has been an absolute joy to work with -quick, responsive, and professional in every interaction. Her breadth of knowledge, from administration to IT to finance, is nothing short of impressive.
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Jasmine helped me so so much I want to thank her ! And also Aaron , i was always scared after an accident , knowing I would have to deal with lawyers but not here . Luckily I’ve only been in 3 accidents but this time it was fast and easy . And i received all the treatments I needed to help me recover ! Thank you Jasmine and Aaron!
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Working at Phillips Law Group has been great the 1st few years in I noticed how well organized and run this Firm was from Intake to Settlement the Client has the expertise of a staff member uniquely qualified for the particular stage of each Clients claim and all other Law firms try to emulate what we do here but none quite get it right because they lack one major component “Compassion”. We are a FAMILY not just a group of people/employees. We care deeply about each other and our clients’ we are considerate, compassionate and make sure that all our Clients’ needs are met from beginning to end. That’s because we treat our clients just like we treat each other. Nothing like walking through the office and saying Hello to fellow employees who always seem to be smiling. 16yrs in and it only seems to be getting better.