Phoenix Product Liability Lawyer

Accidents are inevitable. However, they should not be caused by a design or manufacturing defect or lack of adequate warnings. You should be able to trust that every product you buy—from power tools to shower gels—is safe to use.

If you or a loved one were injured after using a defective product, contact a Phoenix product liability lawyer at Elmm Law Group. Our experienced personal injury attorney can help you determine if you are entitled to compensation.

Product Liability Defined

Product liability is the legal duty of manufacturers, distributors, and sellers to compensate for injuries resulting from defective products. Products typically become defective due to design flaws, manufacturing defects, or inadequate warnings.

For example, a ladder manufacturer could be liable for failing to disclose the maximum weight its ladders can support. It might also be liable for someone being injured after a ladder collapses due to a missing screw. Additionally, the brand could be liable for designing a wooden ladder for construction companies on whose sites it might pose a fire hazard. It might even be liable for using toxic or potentially toxic substances to make its products.

Almost any product may warrant a product liability lawsuit if it contains a defect. Many product liability cases concern:

• Tools
• Appliances and machinery
• Food and beverages
• Cosmetics
• Vehicles
• Medical devices and pharmaceuticals
• Baby and children’s products
• Building materials

At Elmm Law Group, our Phoenix-based defective product attorney is highly experienced in handling various product liability suits. We could identify the defect that may have led to your injury and create a legal strategy to strengthen your compensation claim.

Establishing Liability in Product Liability Cases

There are three legal theories for product liability cases: negligence, strict liability, and breach of warranty.

Negligence is established by showing that the defendant did not exercise reasonable care in the design, manufacture, or marketing of a product, resulting in harm to another. Strict liability requires showing that, regardless of the standard of care applied, the product had a defect that rendered it unreasonably dangerous and caused harm. Finally, a breach of warranty is established by demonstrating that the product did not meet any express or implied guarantees regarding its quality, function, etc.

Establishing liability in these cases can be challenging due to the chain of possession a product goes through. This can make it hard to pinpoint where and when the defect may have occurred and, thus, who is liable for the injury it caused. Our proactive attorney in Phoenix could research, investigate, and gather the evidence necessary to build a strong product liability case.

Damages in Product Liability Cases

Defective products or products with inadequate warnings can cause serious injuries and, sometimes, death. For this reason, plaintiffs in product liability cases may recover damages for:

• Past and future medical bills (including rehabilitation)
• Lost wages
• Diminished future earning potential
• Pain and suffering
• Loss of consortium

As a Phoenix product liability attorney can explain, under Arizona Revised Statutes § 12-542, plaintiffs must initiate personal injury lawsuits, including product liability suits, within two years of the date of the injury.

However, A.R.S. § 12-551 prevents plaintiffs from bringing product liability suits based on strict liability or breach of implied warranty more than 12 years after the product was first sold. This means that if a plaintiff is injured more than 12 years after the product in question was first released commercially, and the injury was not caused by negligence or a breach of express warranty, they are barred from pursuing relief.

Consult a Phoenix Lawyer About Your Product Liability Case

Companies must adhere to reasonable safety standards in designing, manufacturing, and marketing their products. Otherwise, people get hurt.

If you or a loved one has been injured due to a defective product, consult a Phoenix product liability lawyer at Elmm Law Group today to discuss your legal rights and options.