Arizona Product Liability Attorneys with Offices in Tucson and Yuma

Everyday the consumer products we purchase and use cause serious injuries because they are defective and unreasonably dangerous. We expect the product to be safe but due to flaws with the product or the manufacturer failing to adequately warn of its dangers, serious injuries or death can occur.

A product liability lawsuit involves injury caused by a defective product. A defective product is one that is not reasonably safe for its intended use. An intended use of a product includes all those uses a reasonably prudent person might make of the product, bearing in mind its characteristics, warnings and labels.

Practically speaking, this means that product designers and manufacturers have a duty to sell safe products, provide adequate warning labels and repair components they know are defective or dangerous.

The manufacturer has a duty to design a safe product. If the product has an inherent danger that cannot be taken care of by design then the manufacturer must guard against those dangers. If the dangers cannot be limited by design or guarded against then the manufacturer must warn and instruct users of those dangers.

Depending upon the circumstances, the retailer, distributor and manufacturer of the defective product may all be liable to injured consumers if they fail to meet these standards.

A defective product lawsuit is difficult, time-consuming and expensive. It requires experienced product liability lawyers with sufficient resources to conduct extensive investigations, collect evidence, talk with witnesses and employees, obtain company records and hire experts in order to properly evaluate and prove product defects. This is especially true since the defendants in these cases are often large companies with significant resources and will vigorously defend against such claims.

If you've been injured by a defective product, save the product, any documents or booklets that came with the product and the original packaging. Be sure to keep all the parts (even if broken) and do not modify or change the product in any way. If there were witnesses to your injury, obtain the name address and telephone number of those individuals. Then contact  the lawyers at Shultz & Rollins, Ltd. to set up a free confidential consultation and preliminary case evaluation.

LINKS:
U.S. Consumer Product Safety Commission (CPSC)
CPSC's Product Recalls

 

Common Questions about Product Liability

Who can be held responsible for injuries from a defective product?
Any person or company that is in the chain of manufacture or distribution may be liable. This includes the manufacturer of component parts, an assembling manufacturer, the wholesaler or distributor and the retailer of the product. Claims may be based on negligence, strict liability or breach of warranty depending upon the facts.

Are all types of products are subject to product liability claims?
Practically any product that a manufacturer or seller places in the hands of a consumer can be defective and cause injuries. Products such as motor vehicles, tires, prescription drugs, household items, food, and medical devices are just a few examples.

What is required to prevail in a product liability case?
To prevail, the injured party must prove that the product causing the injury was defective and therefore unreasonably dangerous. There are three types of defects:
design defects - defects inherent in the product prior to its manufacture which are unreasonably dangerous;
manufacturing defects - which occur during the manufacture or assembly of the product; and
marketing defects - manufactures fail to  warn of inherent dangers in the product or provide improper and inadequate instructions regarding the product’s use.
When products liability claims are not based on negligence, but rather on strict liability, a manufacturer is held liable regardless of whether it acted negligently.

Is an investigation of the product important?
Yes, it is critical. An experienced product liability lawyer will conduct an extensive investigation, collect evidence, talk with witnesses and employees, obtain company records and hire experts in order to properly evaluate and prove product defects. This is especially true since the defendants in these cases are often large companies with significant resources and will vigorously defend against such claims.

What damages can be recovered in a motor vehicle accident involving personal injuries or death?
The parties responsible for causing the accident and injuries can be required to pay damages. A seriously injured plaintiff may be entitled to recover:
Medical expenses (past and future)
Loss of income (past and future)
Loss of earning capacity
Past and future pain, suffering and emotional distress
Loss of consortium
And, depending upon the circumstances, punitive damages.
If a person dies because of a defective product, the survivors may recover monetary damages for their economic losses such as lost financial support and funeral expenses in addition to their emotional distress damages for loss of love, society and companionship.

Do I need an attorney to handle my product liability case?
Generally you will need to retain an attorney to establish liability against any potential defendants and help maximize your damage recovery.  Contact Shultz & Rollins, Ltd. to set up a free confidential consultation and preliminary case evaluation.

To schedule a free confidential consultation and preliminary case evaluation to see if your case is appropriate for our firm to handle call us


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