Product manufacturers have an obligation to ensure the products they produce and sell do not pose any unreasonable risks to end users with the normal intended use. If you or a loved one sustained injuries or economic damages due to a defective consumer product, contact The Law Offices of John Phebus today to schedule a free case evaluation with a Glendale product liability lawyer.
Why Choose the Law Offices of John Phebus?
- The product liability attorneys at the Law Offices of John Phebus offer a wide range of legal services and have more than 20 years of diverse experience across several legal disciplines, including personal injury and criminal defense.
- Founding personal injury lawyer John Phebus regularly receives invitations to speak at legal seminars and is the current chairman of the Criminal Justice Section of the State Bar of Arizona.
- Our firm believes in holding negligent companies accountable for the damage they cause and are not afraid of intense litigation against large companies.
- We offer free consultations so potential clients can better understand their legal options before committing to legal representation.
How Can a Glendale Product Liability Attorney Help?
Large companies generally retain powerful in-house legal teams. An injured consumer may believe that he or she stands no chance of success in a lawsuit against such a company or assume that his or her injuries resulted from personal negligence. An attorney can help determine if a product manufacturer released a defective or dangerous product or if any other entity in the supply chain of a certain product introduced a dangerous element that harmed the client. An attorney can gather evidence to support a client’s position, prove the full extent of his or her damages, and even manage correspondence with insurance companies if necessary. Product liability lawyers in Glendale can also coordinate with expert witnesses, like engineers, safety experts, or other relevant experts, who can provide professional insights into product liability cases, such as clarifying whether a manufacturer abided by applicable labeling or manufacturing laws.
Types of Product Defects
To succeed with a defective product claim in Arizona, a plaintiff’s Glendale product liability attorney must prove that the product in question was defective and the sole cause of the plaintiff’s claimed damages. The plaintiff’s attorney does not necessarily need to prove the manufacturer was negligent. In fact, some product liability cases may flip the burden of proof to the defendant, requiring the manufacturer to prove it was not negligent in the production of the product in question.
Most Common Types of Product Defects
- Defective design. Products are defective by design if flaws in the design cause the same defect in every product produced using the flawed design.
- Manufacturing defects. Products may have manufacturing defects if a production process malfunctioned, the manufacturer used a new, lower-quality raw material or part, or an equipment failure during production led to a defect.
- Product packaging, labeling, or warning defects. A marketing defect pertains to the advertising and marketing of a product as well as included instructions for use and safety warnings. Failing to properly include safety warnings or adequate instructions for use can easily lead to user injuries.
Who Can Be Held Liable for a Defective Product?
The person or party you will hold liable for a defective product is the one most responsible for causing your injuries or losses. It is up to you or your product liability lawyer in Glendale to determine the identity of this party based on an investigation of the case. Although many product liability cases name a defective item’s manufacturer as the defendant, many different parties within the product’s chain of distribution could be held liable:
- Product manufacturer
- Manufacturer of a part or component
- Item installer
These are all possible defendants in your product liability claim. Identifying the correct party takes tracing the defect back to its origin. Multiple defendants may share liability for your injuries. In this case, Arizona’s joint and several liability law states that each will be liable for an amount of damages in proportion to that defendant’s percentage of fault. Finding multiple defendants may allow you to recover greater financial compensation for your injuries, as more insurance coverage will be available.
Determining If You Have a Valid Claim
Unfortunately, not all injuries caused by defective or recalled products will make the victim eligible for financial compensation. As is the case with all personal injury claims, the filing party will need to establish legal grounds on which to bring the claim. There are three different types of product liability claims: strict liability, negligence and breach of warranty.
A strict liability claim means you will not have to prove the defendant’s negligence to be eligible for financial compensation. The defendant will be liable for your losses whether or not he or she was careless in causing them. This rule is in place to protect consumers from having to prove a powerful corporation’s negligence or fault.
Ask yourself the following questions to determine if you have grounds for this type of claim:
- Were you using the product correctly and as the manufacturer intended?
- Did the product contain a design, manufacturing or marketing defect?
- Is the product’s defect what caused your injury?
- Did you suffer injuries or losses as a result of the defect?
If you answered yes to these four questions, you most likely have grounds for a strict product liability claim. If, however, the circumstances of your case do not allow you to file a strict liability claim, you may still have grounds for a case based on negligence.
Pursuing compensation for negligence after a product defect injury requires proof that the defendant owed you a duty to exercise reasonable care, breached or violated this duty of care, and caused your injuries. In product liability law, the duty of care is typically a manufacturing company’s legal obligation to ensure its products are free from unreasonably dangerous risks.
A breach of this duty is often the failure to take the necessary steps to find out if an item had a defect or failure to disclose a known defect. If your injuries would not have occurred were it not for the defendant’s careless or wrongful act, you may have grounds for a product liability claim based on negligence.
Breach of Warranty
The third type of lawsuit is one based on a breach of warranty. To have this type of case, you need proof that the defendant included an express or implied warranty with the product, such as a warranty that guarantees the item’s reasonable safety. Then, you will need to show the product did not fulfill the terms of the warranty. If the company knowingly made a false representation about the product, you may also have a case based on fraud.
A Glendale product liability attorney, can listen to your story, answer your legal questions, and let you know whether or not you have a valid claim to damages. If so, a lawyer can help you fight for maximum compensation for your past and future losses.
How Much is My Product Liability Claim Worth?
Just like any other injury claim, the plaintiff in a product liability claim can potentially receive compensation for any and all damages resulting from the defective product. Defective products may lead to serious injuries requiring extensive medical treatment, lost income from time spent out of work in recovery, property damage, and pain and suffering associated with the victim’s other damages. With the help of an attorney, you can determine the parties that acted negligently in the product’s manufacturing, design, or marketing and hold them accountable for the injuries their negligence caused.
Product Liability Laws in Arizona
Product liability laws in Arizona are in place to hold companies and sellers accountable for dangerous products that cause injuries to consumers. Arizona sets a time limit to file a product liability lawsuit, the statute of limitations is two years. After the statute of limitations has passed you will not be able to file a claim to recover compensation for your damages, it’s important to speak with a defective product attorney to determine if you have a valid case and make sure you don’t miss any deadlines.
Call to Schedule a Free Consultation
If you or a loved one suffered any type of injury from a defective product, contact the Law Offices of John Phebus today to schedule a free case review with our Glendale product liability lawyers. Once we have the details of your situation, we can let you know how our law firm can help you recover fair compensation for damages caused by a defective product. Call us to take legal action today!