Hire a competent and compassionate group of professional product liability lawyers in order to secure the highest settlement possible for your defective product case.
Defective products can lead to injury, sickness and even wrongful death. As you look around, you constantly see products that are being recalled from the market, including consumable goods. From imported goods to prescriptions that were FDA approved, product liability issues are frequent.
What is a Product Liability Claim?
A product liability claim is a claim that holds a company liable for losses, pain, suffering or death as a direct result of a product or food they produced that was used or consumed by the injured party. While there are federal laws in place to ensure that goods distributed in the country are safe, there is no actual product liability law under the federal government. Thus, each state sets their own consumer product safety guidelines. There are many instances where safety is compromised, however, and it falls on the manufacturer to have their own set of strong safety compliance guidelines in effect to restrict these occurrences.
Types of Defective Product Liability Claims
There are 3 types of product liability claims. They are:
- Defectively Manufactured Products or Consumable Goods: These are goods that were manufactured improperly. Often a batch of tainted or improperly assembled goods is sent out on the market with the right ones. Once a product liability claim is filed, the goods are traced to where and when they were produced. Most often, that product is recalled nationwide by the CPSC (Consumer Products Service Commission) to either be repaired or destroyed.
- Defectively Designed Products: This type of claim is based on the actual design of the product. In the overall design, there is a glitch that leads to the product having a safety issue. We have seen this often in the design of cars- some spontaneously combusting or flipping after turning, and car airbags that did not inflate properly upon impact.
- Failure to Warn or Include Proper Safety or Usage Instructions: Many items on the market require strong safety warnings to tell you how to safely use the product, including how to protect yourself. “Keep away from flame” would be one of these types of examples of a warning on a product, which warns a consumer to not use the product by any type of open flame or heat. Without that warning, results could be disastrous.
Suing a Seller, Manufacturer or Distributor for Product Liability
If you or a loved one have suffered an injury, disfigurement, or even death as the result of a defective product, you have the right to file a lawsuit to hold the company responsible. Some examples of product liability claims include cars and other vehicles, consumer goods, cell phones and mobile phones, toys, furniture, medication, consumable food goods and much more.
When you are filing a claim for product liability, you will have to show the burden of proof on your claim. This means that beyond a reasonable doubt, you must prove that the product was defective and caused your injury as a direct result of its use or consumption. Thus, having a Mesa defective products lawyer on hand that is experienced in these types of claims and can offer you the support you need to file execute your claim is paramount. Your lawyer will help make sure the manufacturer is held responsible for your physical and mental pain, suffering and financial losses.
Why Hire an Attorney for a Defective Product?
In the state of Arizona, there are two ways that a product liability lawsuit can be presented. They are negligence or as strict liability.
- Negligence means the designer or manufacturer was negligent in assuring the safety of the product in its creation, during manufacturing or distribution. Examples of negligence include neglecting to properly train workers in safety procedures at the point of manufacturing- leading to improper assembly, and issuing the proper quality control checks on goods as they are produced.
- Strict liability claims allow the injured to sue without proof of a manufacturer being negligent. This type of claim is dependent on design defects, manufacturing defects or marketing defects that led to injury or death in the use or consumption of the product.
Having a Mesa defective products lawyer will help bring ease of mind in getting the proper presentation for your product liability claim to get you the most successful results. Large companies and their insurance companies hire top lawyers to cover their claims. These lawyers are crafty and intelligent, and their sympathies and loyalty are solely based on the best interests of their client- not the injured party. The product liability lawyers at the Mesa, AZ, law firm of Skousen, Gulbrandsen & Patience, PLC provide professionalism, experience and the ability to aggressively and tirelessly pursue your case.
Skousen, Gulbrandsen & Patience, PLC is expertly-versed in product liability laws in the state of Arizona and will work to litigate the proper judgment on your behalf against retailers, distributors, product designers, and manufacturers.
What Can Be Recovered After a Product Liability Case in Mesa?
Arizona laws allow punitive damages to plaintiffs in product liability lawsuits that have proved liability beyond their injuries. Punitive damages can be awarded in the following areas:
- Loss of Income: Income that was lost while recovering from a painful injury, including days off from work for doctor’s appointments, meetings with your lawyer and appearing in court. Loss of income can also include future income.
- Pain and Suffering: Physical pain and suffering associated with losses and physical and mental pain as the direct result of the defective product.
- Disfigurement: Some injuries don’t have the ability to heal and lead to permanent physical damage and disfigurement (aka long-term cosmetic damage). Also, if plastic surgery is required to repair disfigurements, this cost can also be recouped.
- Disabilities: Physical and even mental disabilities can be caused by defective products. Manufacturers can be held responsible for any disabilities caused by their products.
- Medical Expenses: These are the costs that are caused by the injury from the product. Medical expenses can be exorbitant and crippling to a family’s finances.
- Loss of Consortium: Often, family members and spouses are affected as a direct result of a product liability claim. This includes the loss of income for a spouse that has to take off to care for small children or even mental anguish from watching their loved one suffer.
- Mental Anguish: Depression and other mental disorders and anguish caused as the result of the defective product
Hire the right Mesa defective products lawyer to help you with your product liability claim. Contact Skousen, Gulbrandsen & Patience, PLC today.