Whenever you buy something from a major retailer or manufacturer, you have a right to expect that the product you receive will work as advertised and be reasonably safe to use as long as you do not act unreasonably with it. Unfortunately, the number of recall notices issued each year for all kinds of different products makes it clear that not every company abides by this obligation to the extent that they should — something that the experienced personal injury attorneys at Phillips Law Group also know all too well.
If a defect in something you bought recently has led to you being seriously injured, the company that made and sold that product to you may hold civil liability for the losses your injuries will cause you to sustain. When you want a fair shot at getting a positive result from a case like this, you will want to seek help sooner rather than later from an experienced Gilbert defective products lawyer who has handled situations like yours successfully in the past.
What “Defects” Can Someone File a Lawsuit Over?
While it is sometimes possible to file suit against a manufacturing company for traditional “negligence” leading to a defective product injury, most cases of this nature proceed under a theory of “strict liability” established by product liability law. In brief, companies that make and sell consumer products are often automatically liable for damages caused by one of the following types of problems with one of their products:
- A flaw in its fundamental design which makes every produced unit dangerous in the same way
- An error during manufacturing that makes a particular unit or batch of units dangerous
- A “failure to warn,” meaning a failure by the manufacturer to provide sufficient notice to consumers about known risks and hazards associated with their product
- A breach of warranty
There are also a few other prerequisite conditions for a claim like this to proceed, all of which a seasoned Gilbert defective products attorney can go into detail about as needed during an initial consultation.
Deadlines for Product Liability Claims in Gilbert
Like all personal injury claims in Arizona, product liability lawsuits are subject to a filing deadline set by the “statute of limitations,” which is codified under Arizona Revised Statutes § 12-542. As per this section of state law, someone injured through the misconduct of another person — or in this case, a company — generally has a maximum of two years after initially getting hurt to start the litigation process with or without help from a product liability lawyer in Gilbert, or else their case will likely be thrown out of court for being time-barred.
Importantly, there is also a second statutory deadline set by Arizona state law which is unique to product liability claims: the “statute of repose.” As per A.R.S. §12-551, no person can file suit over an injury caused by a defective product more than 12 years after the product was “first sold for use or consumption,” with exceptions made for claims built around a breach of express warranty or traditional negligence by a manufacturer or seller.
Get in Touch With a Gilbert Defective Products Attorney Today
Taking legal action over any kind of injury caused by another person’s misconduct can be difficult even with lots of evidence on your side to prove them at fault for your losses. When the “person” you are suing is actually a giant manufacturing company, your odds of achieving case success by yourself are likely to drop from “slim” to “none.”
Fortunately, you have support available from a Gilbert defective products lawyer who is unafraid to go to court on your behalf to get you paid what you deserve. Call Phillips Law Group today to discuss your possible claim with a member of our team during a free, no-obligation consultation.
With over 30 years under our belt of helping the local community, we are confident that we can provide you with the guidance and reassurance you need during a stressful time. Please do not hesitate to reach out. We look forward to hearing from you – call today.
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