what lawyer to get if product destroyed counter in arziona

by Eliezer Satterfield 9 min read

Can you sue a company for damaged goods?

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').

What do you do when a product injures you?

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.

Who can recover damages in product liability cases?

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.

Can you sue a company for a product?

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.

Who is held responsible if your company manufactures a product that causes harm?

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.

Can a retailer be held liable for defective products?

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.

What are the three elements that must be proven in order to sue in strict products liability?

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.

How do you win a product liability case?

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.

What are damages for product liability?

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.

What kind of lawyer do I need to sue a company?

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.

How much does it cost to sue a company?

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.

Who can be sued in product liability?

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.

Who is the personal injury attorney in Mesa Arizona?

Call Personal Injury Attorney Jared Everton at (480) 467-4392 to discuss your case today.

Who is liable for injury caused by a product?

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.

How long does it take to file a breach of warranty in Arizona?

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.

What is breach of warranty?

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 ...

What is the law of res ipsa loquitur?

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.

How long does it take to settle a product liability case?

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.

What happens if a knife is erratic?

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.

Timothy Casey

Contact me today regarding your Product Liability matter. I am very experienced in this and you owe it to yourself to call me.

Kevin Neal

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

Kevin D. Neal is an experienced products liability attorney practicing in the Phoenix area.

John Kelly

Assisting people in Phoenix with their Arizona products liability issues.

Robert W. Boatman

Robert W. Boatman has multiple years of experience in helping clients with their products liability needs in Phoenix, AZ.

David C. Shapiro

Connect with a local Phoenix, AZ attorney with proven experience helping clients with Arizona products liability issues.

Heather E. Bushor

Heather E. Bushor helps Phoenix clients with their products liability needs.

Theories of Liability for Product Liability Claims

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:

Defenses to Product Liability Claims

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.

Overview of Arizona Product Liability Laws

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.

Limits on Damages in Arizona

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.

Have Specific Questions About Arizona Product Liability Laws? Ask a Lawyer

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.

Understanding Product Liability Lawsuits

Types of Defects

Determining Responsibility For The Injury

Breach of Warranty

Negligence

Requirements For A Product Liability Lawsuit

Product Liability Legislation in Arizona

  • Recent changes in Arizona law require that cases of product liability involving negligence and strict liability be brought within two years of the when the consumer is injured or learns of an injury caused by a product. When breach of warranty is involved, which involves contract law, the consumer must file within six years of the injury or of lear...
See more on jacksonwhitelaw.com

Settlement of Your Case