When you buy a product, it is reasonable to expect it to be safe, function as advertised and not pose a potential risk to your health or physical well-being. While most products are reliable when used as the manufacturer intended, if you suffered harm because a product malfunctioned or was defective, you may have legal options to recover compensation for your injuries.
At Phillips Law Group, we are dedicated to helping victims who have been injured by defective products. We have a proven history of recovering hundreds of millions in damages for our consumer clients. We achieved a settlement of more than $15 million for our clients who suffered serious side effects and injuries after using Yaz, Yasmin and Ocella oral contraceptives and a $5,297,849 million settlement for the users of Avandia.
Our Prescott product liability lawyers offer a free consultation to review the details of your potential claim and provide answers to your legal questions. You are under no obligation to hire us, but if you decide to take legal action, there are no immediate costs for us to represent your case. We only charge you if we achieve a recovery on your behalf.
Unsure if you have a case? Call today to schedule your free consultation. Ph: 602-222-2222
Do I Have a Case?
Any consumer who was harmed while using a product according to the manufacturer’s instructions may be able to pursue compensation for their injuries.
However, since every case has unique circumstances, we cannot give a definitive answer to that question until we examine the specifics of how you were injured while using the product.
At Phillips Law Group, we are well-versed in product liability laws and are dedicated to fighting for your rights. We invite you to schedule a free consultation with one of our qualified attorneys so we can carefully examine the circumstances of your potential claim. If we find you are eligible to pursue compensation for your injuries, and you decide to take legal action, you will not have to pay us any attorney fees unless we recover compensation for you.
Complete ourfree online formto get started today.
What Kinds of Damages Can I Recover?
If you have a valid case, the types and amounts of compensation you may be able to recover from a products liability case can vary based on the specific situation and the extent of your injuries.
Damages can be divided into a few main categories:
- Compensatory Damages ”“ Generally, all reasonable medical costs, such as costs for prescriptions, physician appointments, surgical interventions and any other treatments related to the injuries caused by the defective product are included. Additional compensation may also be provided for lost wages if you were unable to work while recovering.
- Pain and Suffering or Emotional Stress ”“ This refers to the physical and emotional toll of your injuries. There is no defined value for these damages. The value is often based on medical records and the victim’s account of his or her day-to-day suffering.
- Loss of Consortium and/or Companionship ”“ This refers to the effects of the victim’s injuries on his or her relationship with his or her spouse. The injured person must establish a direct correlation between the injury and damage to the relationship.
- Punitive Damages ”“ These rarely-awarded damages are designed to deter others from similar behavior by punishing the at-fault person or entity for egregious wrongdoing.
What are the Different Types of Product Defects?
There are three main types of defects that could give victims grounds to take legal action:
- Defects Caused by the Manufacturing Process ”“ If a product’s original design was good, but a defect was created during the manufacturing process and that defect caused your injury, you may have a claim against the manufacturer.
- Defects in the Original Design ”“ When a product design contains a known and inherent flaw, there may be a case for defective design. In these kinds of cases, you must prove the designer could have used another cost-effective design without changing the intended use of the product, and the designer knew the product was dangerous and might injure someone.
- Inadequate Marketing ”“ When a manufacturer fails to provide adequate instructions or safety warnings to a consumer about their product, such as proper dosages or drug interaction warnings with medications, you may have a case for failure to warn.
While manufacturers and product designers could be held liable, you may also have a case against retailers or wholesalers or distributors, if they damaged a product after receiving it from a manufacturer.
Learn more about who may be liable for your injuries. Contact us 24/7. Ph: 602-222-2222
Proving a Product Liability Case
Product liability cases are generally filed under one of three legal theories of liability:
- Negligence”“ Establishing the four elements of negligence (duty of care, breach of duty of care, causation, damages) in the design or manufacturing phase is difficult and requires a skilled lawyer who understands product liability law.
- Strict Liability”“ These cases are somewhat simpler to prove than cases filed under the theory of negligence. Your attorney must establish that a defect was present, and it caused your injury.
- Breach of Warranty – There are two types of breach of warranty claims your attorney may pursue:
- Express Warranty – An assertion made by the manufacturer that a product is safe for its intended use.
- Implied Warranty ”“ This is an unwritten promise that implies that a manufacturer has placed an item on the market because it is deemed safe for consumers when used as originally intended.
How Can Phillips Law Benefit My Case?
Our Prescott product liability lawyers are committed to pursuing maximum compensation for victims who suffered injuries caused by the careless manufacturing of a defective product. Product liability law requires special knowledge and access to industry experts, and at Phillips Law, we not only have access to these and other resources, but we also know how to investigate a claim and gather evidence that will help to build a strong argument on your behalf.
When we accept a case, we are diligent in communicating with our clients throughout the legal process, so you are never left in the dark about the status of your claim. Since we operate on contingency, there are no out-of-pocket costs for us to represent you, and we only get paid when you do.
Learn more about how Phillips Law may be able to help you. Ph: 602-222-2222
What are Some Common Types of Defective Products?
Defects can occur in a wide range of products, from over-the-counter medications to children’s toys. Here are some of the most common examples of defective products:
- Prescription drugs
- Specialized medical devices
- Motor vehicles
- Automotive parts
- Children’s toys
- Household goods and appliances
- Common cleaning products
- Industrial products or special equipment
Contact a Prescott Product Liability Attorney Today
At Phillips Law Group, we have been helping personal injury victims recover damages for nearly 30 years. Our number one priority is to protect the rights of our clients and pursue maximum compensation for their injuries.
Contact our firm today to discover more about your potential legal options for pursuing compensation. We can be reached day or night, 24/7. Arizona has a strict statute of limitations of just two years from when you were injured, and in some cases, that deadline is even shorter, so it is important that you do not delay.
There is no obligation after meeting with us and no upfront fee, so there is no risk in contacting us. We accept product liability cases on contingency, so we only get paid if you do.
Phillips Law Group. Ph: 602-222-2222
Available 24/7