Negligence and consumer product defects bring bodily and emotional harm to millions of Americans each year. The National Center for Health Statistics reports that each year 27.7 million Americans visit emergency rooms for unintentional personal injury. A shocking 121,599 people die each year from those injuries. A bit of frayed carpet, an improperly executed repair, an irregular stair step, a loose handrail, an automobile accident caused by another driver’s negligence, a defective consumer product — each threatens to cause serious personal injury.
It is important to understand the terminology involved in a personal injury claim. A claim of personal injury refers to a variety of tort lawsuit (a lawsuit that addresses civil wrongs) alleging that a plaintiff’s injury has been caused by one type of negligence or another. In other words, personal injury law grants you compensation when another person’s intentional misconduct, recklessness, or carelessness injures or damages you or your personal belongings. Injuries in personal injury claims can refer to any damage to the body, mind, or emotions. Medical and dental accidents also fall under personal injury and usually lead to medical negligence claims.
Personal injury claims are frequently filed for automobile accidents caused by negligence. Motor vehicle crashes continue to be the leading cause of personal injury and death in the United States. In 2008 an estimated 37,261 people were killed, and another 2,350,000 injured, in traffic accidents.
When it comes to automobile accidents, fault is usually determined by the law of negligence. Drivers must exercise a standard called “reasonable care under the circumstances” when behind the wheel. If a driver fails to exercise this standard and negligently operates a vehicle, the law of negligence dictates that compensation for any damages to another person or property become the responsibility of the guilty party.
Negligence can be attributable to a number of factors, including:
- Excessive speed
- Failure to heed traffic signals or signs
- Alcohol or drug abuse
Consumer products can also cause personal injury. Imagine you just purchased a new riding lawnmower, but upon using it for the first time, the seat comes loose, causing you to fall off and to break your wrist. This scenario offers an instructive illustration of how product liability and personal injury intersect: a product proves defective and causes injury to your person. In such a case, you’ll most likely file a claim of strict liability. A claim of strict liability focuses on the defective product rather than any negligence on the manufacturer’s part. A claim of strict liability decrees that the manufacturer is responsible for a defective product even if there is no evidence of negligence.
If you suffer personal injury from a defective product, and strict liability applies to your case, then any of the following parties could be held responsible for your injuries:
- The business where you rented or purchased the product
- The business where you were supplied with the product to use on the business’s premises
- The manufacturer of the product
Most states have laws on their books that limit how long after the product has been sold to the public that the manufacturer or seller can be subject to liability laws.
It is vitally important that you seek legal counsel if you have suffered personal injury as a result of an accident or a product defect. State law dictates that personal injury and negligence claims must be made within a certain period of time. At Wattel & York we use our extensive experience in personal injury litigation to ensure that you receive adequate compensation for the pain and suffering you have experienced as a result of a personal injury accident. The personal injury attorneys at Wattel & York will work with you to determine the cause of fault in your personal injury claim.
But our services go beyond simply ensuring that you receive adequate compensation for the pain and suffering your injury has caused you. The Phoenix injury lawyers at Wattel & York will also find the right medical specialist for your injuries, and we will work with that specialist to ensure that payment for his or her services is delayed until your case is completed by settlement or trial.
If you or someone you know has suffered personal injury, contact Wattel & York, Attorneys At Law. You can call us toll-free at (877) 572-4143, or you can submit a simple case form on our website.
An initial consultation is free of charge. We work on a contingent-fee basis. If we take your case, you pay us only if you receive a monetary reward or recovery of fees. Don’t wait any longer; a lawsuit must be filed before the statute of limitations in your state expires. Call us now, because you may have a valid claim entitling you to compensation for the pain and suffering your personal injury has caused you.