Product liability refers to the legal liability of manufacturers and sellers to compensate purchasers for damages or injuries caused by defects in the products purchased. Any product can give rise to a products liability claim, and in addition to the manufacturer, responsible parties may include the designer, distributor, supplier, and retailer. Potentially defective products can be found anywhere, including in your home and in your workplace.
If you have been injured or if your loved one was killed after using a consumer product, contact Attorney Group today. Those affected and their families may be eligible to pursue a product liability claim and seek compensation with the help of a product liability attorney.
We offer free, confidential, no obligation consultations. We can help answer your questions, and if you choose to pursue a claim, we can connect you with an affiliated attorney who can assist you throughout the legal process.
How Can I File a Products Liability Claim?
Before you can file a claim, you will need to determine if the product was indeed defective, and as a result, led to your injuries.
Generally, there are three types of product defects:
- Design Defects – A design defect occurs when the design of a product causes it to be unreasonably dangerous and harmful to anyone who might use it.
- Manufacturing Defects – A defect that occurs during the manufacturing of the product.
- Marketing Defects – A marketing defect is often the result of improper instructions or failures to warn of potential product dangers.
Once you’ve determined if the product was defective, you’ll want to begin compiling any evidence. If you or someone you know is injured as a result of a potentially defective product, you will need to show evidence of a possible product defect or that the product’s warnings or instructions were insufficient.
Types of Product Liability
There are three ways in which a product liability claim may be filed against a manufacturer:
- Negligence – Negligence occurs when the manufacturer, or other responsible party, failed to act with reasonable care to ensure the safety of the product.
- Breach of Warranty – Manufacturers often provide warranties to ensure that the product is effective and performs as indicated. If the manufacturer does not honor the terms of the express or implied warranties regarding their products, the warranty may have been breached.
- Strict Liability – Under this theory, a manufacturer can be held liable if the injured party can provide evidence of the product’s defectiveness, regardless of the manufacturer’s intent.
If you decide to pursue a claim, a product manufacturer might deny a possible defect in the product and instead claim user-error or some other cause of the injury. Likewise, particularly in the case of serious injury or death claims, a variety of experts are often needed to prove liability and other aspects of an injured party’s damages.
If you or someone you know has been injured by a defective product, it is important that you understand your options. Speaking with a lawyer who specializes in product liability claims can help you better understand your rights as well as work to recover any compensation you might be entitled.
Can I Still File a Claim If a Product Has Been Recalled?
A company or manufacturer may voluntarily decide to issue a product recall if they find a defect in their product. In some cases, a government agency might issue a mandatory recall if the product defect presents a serious risk to those who use the product.
Just because a product has been recalled doesn’t mean the manufacturer of the product is off the hook for any injuries that may occur as a result of a product’s defect. Even if a potentially defective product has been recalled, you may still be able to file a claim and seek compensation for your injuries.
How Long Do I Have to File a Claim?
The statute of limitations for a product liability claim differs from state to state, so it is a good idea to begin the process as soon as possible. In Arkansas, the injured party has three years from the date of injury (or the date that you “discovered” the link between your injury and the defect) to file a claim.
How Can an Attorney Help Me File a Product Liability Claim?
Product makers have a duty to provide safe products. If there are risks of harm associated with their products, they also must provide adequate warnings. If a product maker fails to fulfill this duty, it could be held liable in lawsuits for injuries that may result.
People injured by defective consumer products may be able to recover money for:
- Medical expenses
- Lost wages
- Pain and suffering
The families of those who have died may be eligible to recover money for funeral expenses and the pain that comes with losing a loved one.
The Time You Have to Pursue a Claim is Limited. Contact Us for More Information.
If you or your loved one used a consumer product and suffered serious complications, contact Attorney Group to learn about your options.
We offer free, no obligation consultations. We can help answer your questions, and if you choose to pursue a claim, we can connect you with an affiliated attorney who can assist you throughout the legal process.