If an item causes damage to your property through no fault of your own, you may have a legal right to claim compensation (also known as claiming 'damages').
If you've been hurt, save the product itself and keep it intact. Don't attempt to take it apart or fix it yourself. Find your receipt or other proof of purchase and keep it in a secure place. Take pictures of the device and the damage it caused, including physical injury to yourself or others.
PlaintiffsManufacturing companies, distributors, and sellers can be held responsible based on the theory of negligence, strict liability, or breach of warranty. Plaintiffs can recover compensation for their economic and non-economic damages.
If you had a product with a defect, especially one that caused harm, you may have grounds to sue. Suing a big company is a daunting feat, but knowing the steps can allow you to make a decision on whether or not you want to move forward with litigation.
When a defective product causes injury, the manufacturer of the product, the distributor, the wholesaler and the retailer who sold the product may all be liable under product liability rules. There are four possible bases for product liability: 1. Defects in design.
Retailers can be held liable in a defective products liability lawsuit if they knowingly sold a defective product or failed to move items that were recalled from their shelves and inventory. Retailers are usually the last link in the chain of distribution.
Generally, to prevail on a strict product liability claim, a plaintiff must prove that an inherent defect in a product caused the damages claimed. In other words, the plaintiff must prove (1) that the product was inherently defective and (2) that the defect in the product caused the injury or damage.
Although the particulars vary from state to state, products liability law usually requires that you prove all of the following things (these are called the "elements" in your claim) in order to win: You were injured or suffered losses. The product is defective. The defect caused your injury.
The majority of product liability and defective product lawsuits involve negligence or a strict liability notion. As a result, damages in product liability cases often include compensatory damages. Specifically, compensatory damages compensate the injured party for the losses associated with the defective product.
Therefore, if you decide you want to sue a company, it may be in your best interest to consult a local business lawyer for further legal advice. An experienced business lawyer can discuss whether you have a viable claim and what your best options are for legal recourse.
You will pay between $30 to $75 to file the lawsuit. If you cannot afford to pay court fees, you can ask the court to waive the fees.
A product liability holds the manufacturer or seller of a product accountable for placing a defective product into the stream of commerce. Any party that is responsible for any part of the manufacture of the product can be held liable for any resulting injuries, just as any seller may be held liable.
Call Personal Injury Attorney Jared Everton at (480) 467-4392 to discuss your case today.
Liability for an injury caused by a product does not just apply to the manufacturer of the product. Anyone in the chain of distribution of the product can be held liable, such as the manufacturer of component parts of the product, the company that installs or assembles the product, as well as retail outlets that sell the product.
When breach of warranty is involved, which involves contract law, the consumer must file within six years of the injury or of learning the cause of the injury.
Breach of Warranty. Warranty is a term used to denote promises made by the manufacturer when bringing the product to market for the consumer. A warranty is either “express” or “implied.”. Express warranties include wording used in marketing, packaging or instructional materials included with the product. Implied warranty is used to denote the ...
A legal doctrine known as “res ipsa loquitur” is invoked in these cases, which means “the thing speaks for itself,” meaning that the product would not have caused an injury except for the actions of the user. In this case, the plaintiff is required to defend his or her actions in the product incident.
Some cases involve simple strict liability and may settle in as little as two to three months. Others may involve study by expert witnesses and analysis of exchanged documents that take up to two or three years.
If the knife were to be so erratic as to easily cut through a counter or tabletop when in use, it would be in violation of the consumer’s reasonable expectations. Breach of warranty covers issues of fitness for common use.
Contact me today regarding your Product Liability matter. I am very experienced in this and you owe it to yourself to call me.
Kevin is a highly acclaimed Product Liability Lawyer and has handled some of the most complex cases in Phoenix Metro. Call today
Kevin D. Neal is an experienced products liability attorney practicing in the Phoenix area.
Assisting people in Phoenix with their Arizona products liability issues.
Robert W. Boatman has multiple years of experience in helping clients with their products liability needs in Phoenix, AZ.
Connect with a local Phoenix, AZ attorney with proven experience helping clients with Arizona products liability issues.
Heather E. Bushor helps Phoenix clients with their products liability needs.
A product liability action in Arizona can be based on negligence or strict liability. As the plaintiff, you must prove that the defendant manufactured or sold a defective product that was unreasonably dangerous, and that the product caused injury or property damage. Claims may include allegations of:
The defendant in a product liability suit may argue that they aren't liable because the defect was the result of a process that was state of the art at the time. They may also contend that the real cause of the harm was substantial modification or misuse that was not reasonably foreseeable.
The table below lists important aspects of Arizona's product liability laws and provides links to relevant statutes. Please remember that while reading a summary of the law is helpful, it's important to get the details from reading the actual statutes as well.
Arizona limits damages via its pure comparative negligence rule. Under this rule, you may still recover damages even if you're partly at fault for the accident, but those damages will be reduced in proportion to your degree of fault.
There are a number of different ways to argue a product liability lawsuit, and the best approach depends on the specific facts of your case.