The United States is a culture that’s driven by the consumption of goods and products, and millions of them are sold on a daily basis. This norm has pushed companies of all different types to formulate new products, or at least new marketing spins on existing products, to promote sales and to boost revenues — and of those countless new products, some can turn out to be defective or dangerous. That’s when you might find yourself in need of a Phoenix, AZ defective product lawyer.
While most products that hit the market are generally safe for their intended use, there are problems that arise with others. In a legal sense, these products that are proven to be more dangerous than useful are known as defective.
If you have suffered an injury or property damage caused by a defective product, you may be entitled to file a lawsuit. Contact Phillips Law Group today to schedule a free, no-obligation case evaluation with our trusted personal injury attorneys.
Under product liability law, manufacturing companies are “strictly liable” for injuries sustained by consumers due to certain types of “defects” in their products. In this context, “strictly liable” means that instead of needing to prove that the manufacturer did something specifically reckless or careless to cause them harm, the injured party just needs to prove that certain criteria are met to make the manufacturer automatically assume civil fault for their injuries.
There are three legally actionable types of product defects that can serve as the basis for a civil claim of this nature, as a Phoenix, AZ defective products attorney from Phillips Law Group can explain in more detail. First, a product can be defective in its design, meaning that some fundamental part of its formulation from the ground up makes it inherently unsafe to use for its intended purpose.
Second, a product can be defective due to a manufacturing error, which is a more straightforward defect by comparison that stems from a problem occurring during an otherwise functional product’s assembly or production. Third and finally, a product can have defective “marketing,” meaning its packaging does not contain sufficient instructions for safe use and/or warnings about known hazards associated with normal use.
In addition to proving that one of the defects listed above was the main and direct cause of their injury, someone intending to sue under product liability law must also establish that the defect in question existed when the product left its manufacturer’s direct control. Along similar lines, they must demonstrate that the product’s condition did not change significantly between the point at which it left the maker’s control and when it caused the injury that the person is filing suit over.
Often, the plaintiff in a claim like this must also be prepared to show that they were using the product in a reasonable way when they were injured by it. Finally, when suing over design defects, it may be necessary to demonstrate that a safer alternative design was available at an equivalent or minimal additional cost—something that legal counsel can provide invaluable assistance with.
Every personal injury claim in Arizona is subject to something called a “statute of limitations,” which sets a time limit on how long an injured person has to file suit against the person at fault for their injuries. Under most circumstances, people injured through defective products in Phoenix have a maximum of two years to file suit against the manufacturer of that defective product, starting from the date on which they first sustained—or in some cases, first discovered—their injuries.
Notably, there is a second important deadline to be aware of, which applies specifically to product liability claims but not to most other personal injury cases, established by a “statute of repose.” Under this statute, people injured by defective products generally have no more than 12 years after initially purchasing and obtaining the product in question to file suit over an injury caused by that product being defective.
There are no exceptions to these deadlines under normal circumstances, but there may be scenarios in which the starting point for the applicable filing period(s) can be “tolled,” or pushed back, for a certain amount of time. A product liability lawyer from Phillips Law Group’s Phoenix, AZ office can explain what time limits may apply to a particular prospective case during a free, no-obligation consultation.
When someone purchases a defective product, the injuries it causes tend to be severe because the consumer is not at all prepared for the malfunction to occur. Someone in that situation could use the expertise of a defective product lawyer to get the compensation they deserve for their injuries.
Our team takes all cases on a contingency fee basis. This means there are no upfront costs or legal fees for our services unless you are fairly compensated for your injuries. The Phoenix, AZ defective product lawyers at Phillips Law Group will be by your side every step of the way. Contact us today!
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