A defective product not only fails to live up to your expectations, but it can also seriously injure you, leaving you with lasting pain and hardship. To ensure that you receive the compensation you deserve for injuries or damage a defective product has caused you, you should familiarize yourself with the consumer protection laws of your state.
Product liability is the area of law dealing with liability on the part of the manufacturer, wholesaler, or retailer of a product that causes injury or harm. Other parties that can be held responsible for your injuries include the maker of component parts of the product, the assembler, the store or other seller of the product, and/or possibly even other parties in the distribution chain. You can file a claim of product liability even if you weren’t the purchaser of the product.
Product liability claims require that certain circumstances be proven before the claim can be considered successful. These circumstances frequently involve manufacturing defects, design defects, and/or failure-to-warn marketing defects. Manufacturing defects are those defects that occur during the manufacturing process. These defects can be attributable to inherently dangerous or useless design. Design defects are likewise attributable to inherently dangerous or useless design. And marketing defects are those defects that elude consumers’ awareness because of inadequate warning about potentially — yet not readily apparent — dangerous components of a product.
An injury done to a person — whether that person is you or someone else — by a defective product meets the conditions for compensation under the legal doctrine of “strict liability.” Strict liability holds the manufacturer of the defective product liable without the injured party’s having to prove any negligence on the part of the manufacturer. In order to make a claim of strict liability, you as the injured party must be able to prove that there exist the following conditions:
- The product has an “unreasonably dangerous” defect that injured you;
- The defect caused injury during routine use of the product;
- The product had not been altered from the condition in which it was sold.
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 important, therefore, that you keep all receipts, registration cards, and credit card bills in order to provide proof of the product’s age to the manufacturer’s insurance company. It is also important that you demonstrate that you discontinued use of the product once you became aware of its defect. Otherwise, you risk losing your personal injury claim.
If you find you have suffered injury from a defective product, consult Phoenix product liability attorneys trained in the rules and regulations governing product liability. At Wattel & York, Attorneys At Law, we have extensive experience handling product liability cases. We go the extra mile when it comes to investigating the possible causes of your accident so that you receive full compensation for any pain and suffering a defective product has caused you.
But our services go beyond simply ensuring that you receive adequate compensation for your injuries. Wattel & York will also seek out the appropriate medical specialist for your injuries and 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 injury from a defective product, don’t hesitate to contact a product liability lawyer at Wattel & York, Attorneys At Law. Call us toll-free at (877) 572-4143 or complete a simple case form on our website.
An initial consultation is free of charge. If we take your case, we work on a contingent-fee basis. That means 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 for personal injury and product liability in your state expires. So call Wattel & York now. You may have a valid claim entitling you to compensation for the injuries, pain, and suffering a defective product has caused you.