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5 Things to Know about Product Liability Cases

Posted on January 28, 2019 in

Manufacturers have an obligation to make sure their products work safely when used as directed. Unfortunately, many defective products still make it to market in spite of this legal obligation. If you’ve been injured by a defective product, you may be entitled to recover compensation for your damages. Here are 5 important things you should know as you research your rights after being injured by a defective product.

You May Be Able to File a Lawsuit to Recover Compensation

defective product lawsuitDefective product cases are governed by product liability law, which holds negligent manufacturers accountable when individuals are injured using their products. In order to have a valid product liability case, you must have been using the product as instructed at the time you suffered your injury. If there are any dangers associated with using this product, the manufacturer must also have provided proper warnings regarding these hazards.

Depending on the specifics of your case, you may be entitled to recover damages for:

  • Current and future medical bills associated with your injury
  • Ongoing rehabilitation costs
  • Lost wages if you must miss work while you recover
  • Lost earning capacity if you are unable to resume your job after the injury
  • Pain and suffering

Our attorneys can help you determine whether you have a case during a complimentary consultation.

Defective Products often Result in Serious Injuries

Depending on the type of product you were using, there are a wide range of injuries you can potentially suffer. Often, these injuries are very serious. Common injuries caused by defective products include:

Product Liability Law Applies to Many Types of Consumer Products

defective airbagJust about any type of consumer product can result in injuries which give rise to a valid product liability claim. Our lawyers have assisted individuals who have been injured by product defects involving:

  • Vehicles
  • Tires
  • Medical devices
  • Pharmaceutical products
  • Children’s toys
  • Cribs and changing tables
  • Workplace safety equipment
  • Construction machinery
  • Tools
  • ATVs
  • Jet skis and boats

There are Three Different Types of Product Defects

There are several different ways a product may be defective:

  • Design defect – There is a defect in the overall design of the product that caused your injuries. When a design defect occurs, all products manufactured from this defective design typically pose the same safety hazard to consumers.
  • Manufacturing defect – There is a defect that occurs during the process of making the product. In these situations, the defect will typically only exist on the lots of a product that were constructed using this flawed manufacturing process.
  • Marketing defect – There are insufficient safety warnings, improper labels or inadequate instructions which caused the product to be used in an unsafe manner.

Any of these defect types can result in a valid product liability claim if you suffered an injury that was directly caused by the defect.

There Are Numerous Parties who May Be Liable for Your Injuries

Depending on the type of defect and the specifics of your injuries, one or more of the following parties may potentially be held liable for damages in your product liability case:

  • Product manufacturer
  • Company who assembles or installs the product
  • Packaging company
  • Wholesaler
  • Retail company
  • Marketing agency

Our attorneys will carefully investigate your case in order to ensure all negligent parties are held liable for your damages.

Contact our Prescott Defective Product Lawyers

If you’ve been injured by a defective product, please contact The Jensen Phelan Law Firm using the form on this page or call 928-778-2660 today to schedule a complimentary case evaluation. We serve clients in Prescott, Cottonwood and the surrounding areas of Northern Arizona.