PHOENIX PRODUCT LIABILITY LAWYERS
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Defective Product Attorney in Phoenix
Consumers just like you use dozens of different products each day, including household items, medications, and vehicles. The makers of these products have a responsibility to you and other users to ensure that their products are safe for everyday use. Product liability laws exist to protect consumers from the risk of a defective product injury. Manufacturers sometimes try to cut corners or reduce costs during production. This opens the door for lower quality products and potential lawsuits. In order to protect yourself and your loved ones, you need one of our experienced Phoenix product liability lawyers.
At Ybarra Maldonado Law Group, we understand our clients. You’re the victim, so why should these giant corporations be able to take advantage of you and offer a lowball settlement? Our answer: they shouldn’t.
That’s why our top Phoenix personal injury lawyers work day and night to aggressively fight for your rights and your compensation. We don’t settle for unfair offers, and we’re not afraid to take your case to court.
Insurance companies, manufacturers, and big corporations care about one thing: profit. That’s why dedicate a large portion of our practice to Phoenix personal injury cases. If you need dedicated representation in the form of a defective product attorney, we’re here for you. Call 602-910-4040 today to schedule your free consultation.
Types of Defective Product Lawsuits
Three main defective product suits exist. These serve to apply to each case on an individual basis. When you hire one of our Phoenix product liability lawyers, they will decide which of the below case types best suits your specific situation.
In the case of a negligent defective product lawsuit, we work to expose carelessness in either design or the manufacturing of the product in question. This carelessness must have led to your injuries. First, we assert that the defendant in your case had a duty to produce a safe product. If the defendant knew or should have known about the defective product, we assert a “breach of duty.” Lastly, we prove that the defective product was responsible for your injuries. Below, we list some of the stages of product development in which negligence can be found.
- Product planning
- Maintenance of production machines
- Failing to properly inspect and test the product
- Rushing the product release
In the strict liability case, it is only necessary to prove that a defect existed in the product and that you sustained an injury because of that defect.
Breach of Warranty
Buyers of products rely on two types of warranties: express and implied. This case covers anyone who might reasonably use the product in question.
- Express warranty includes claims about the product and its safety that the manufacturer makes.
- Implied warranty includes unspoken promises by all liable parties that the product will not cause harm when used.
Can You Sue a Company for a Bad Product?
Absolutely. Product manufacturers have a duty to produce safe products. Hiring a defective product attorney is the first step in securing fair compensation for your case. In Arizona, you have two years from either the time of injury or the discovery of the injury resulting from a defective product to file your lawsuit. Additionally, Arizona has a 12-year statute of repose which starts when the product is sold for the first time. However, it does not apply in cases of negligence or breach of warranty.
What Should You Do If You Were Injured By A Product That Was Defective?
The first step in any personal injury case is to seek medical attention. Without consulting with a medical professional, we do not truly know how serious your injuries are. Some injuries worsen over time, and some take a while to show symptoms. Once you determine the full extent of your injuries, then you should contact a qualified product liability attorney. We will then proceed to determine which type of defective product case to pursue for your specific situation. Try your best to save the product and keep it as intact as possible. Make no attempts to repair, alter, or take apart the product on your own. Secure the proof of purchase and keep it in a safe place. Document as much information as possible, including in the form of pictures and videos where necessary. Keep a copy of your medical records for your case. We also recommend that before speaking with anyone else, you seek counsel from one of our product liability lawyers.
Are Retailers Liable for Defective Products?
In most cases, products go through a long process from creation to purchase. This means that many different parties produce, handle, and inspect this product before it ever reaches you. Any of these people, including the retailer of the product, could be held liable for your injuries. Below, we list common liable parties in a defective product case.
Manufacturer: Manufacturers come in all shapes and sizes, from large international companies to a few people working from home. Regardless of their size, manufacturers are responsible for producing a safe product. These products involve both parts of larger products and products within themselves.
Retailer: When a retailer advertises a product, they imply that they believe the product to be suitable for use by their consumers. Even if the retailer has no involvement in the manufacture of the product, they can still be held responsible. It is not necessary that you be the one who bought or used the defective product in order to sue a retailer.
Wholesaler: This is the “middleman” between the manufacturer and the retailer. Like the retailer, they advertise the sale of products they believe to be safe.
What is Considered a Defective Product?
Defective product claims encompass an extremely wide variety of items. From household appliances to tools to medical devices, almost any product or consumable item could contain a dangerous defect. Below, we list some of the flaws that contribute to product liability cases in Phoenix.
- Manufacturing defect: These defects result from unintended errors during the assembly process. Strict liability tells us that the manufacturer of a product is liable for defects during construction, regardless of their level of care during the process. A defective product attorney must prove that the defect existed when the product left the manufacturer.
- Design flaw: These exist in the original plans or blueprints of a product. These defects create hazards for any and all potential users. Generally, design flaws apply to all of the manufactured goods in question. An experienced defective product attorney will ask three questions in order to identify a design defect:
- Before production, was the design unreasonably dangerous?
- Is it possible that someone should have anticipated the danger to a potential user?
- Could the manufacturer have used a better design that was not unreasonably expensive and did not alter the product’s intended use?
- Warning failure: Certain products have certain risks, and manufacturers of these products must include warnings and instructions on the use of these products. This helps to prevent foreseeable injuries. According to the American National Standards Institute (ANSI), warning labels must include the following:
- Existing product hazards
- Severity of risks involved with the product
- Effects of existing hazards
- How to avoid existing hazards
- Additionally, warning labels must be immediately visible, and made to last as long as the product itself. Warning labels exist in three levels of severity:
- Red (Danger): Hazard will result in serious injury or death.
- Orange (Warning): Hazard could potentially result in serious injury or death.
- Yellow (Caution): Hazard could potentially result in mild to moderate injury.
When Is a Class Action Lawsuit Appropriate?
Plenty of people file product liability claims. However, some choose to opt into a class action lawsuit if they discover that a large number of people shared their defective product experience. A defective product attorney group generally represents multiple people, even thousands, who suffered injuries from the same product. If recoverable damages for one person are minor, but many people suffered injuries, a class action suit may be the way to go. This increases the potential value of the suit. Generally, consumers with highly severe or unique injuries do not pursue class action suits.
What Damages Can I Recover for a Defective Product Lawsuit?
Recoverable damages that your defective product attorney will attempt to secure for you typically encompass three categories: compensatory, special, or punitive damages. Common recoverable damages include medical costs, lost wages, pain and suffering, and emotional anguish. Below, we outline the differences of the three types of recoverable damages:
- Compensatory: These serve to make you “whole” after your injury. This basically means that the damages must cover your losses in some way.
- Special: These serve to reimburse you for expenses or financial losses. Common examples include hospital bills, lost wages, and property damage.
- Punitive: These damages serve to punish the defendant so as to prevent future harm.
Our Phoenix Product Liability Lawyers are Here to Help
If you suffered injuries from a defective product, you need a Phoenix defective product attorney. At Ybarra Maldonado Law Group, we dedicate a large portion of our practice to personal injury cases, as well as immigration cases and criminal defense cases. When it comes to finding the right attorney, we understand it can seem like a daunting process. However, we’re here to fight for your rights, get you just compensation, and offer a free consultation. To work with one of the top law groups in Phoenix, call 602-910-4040 today, or fill out our online intake form.