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ARIZONA PRODUCTS LIABILITY

May 3, 2018

WHAT IS PRODUCTS LIABILITY?

Products liability refers to the liability of any parties involved in the manufacturing and distribution of a product that causes damage. This means that the manufacturer of component parts, an assembling manufacturer, the wholesaler and/or the retail store owner could be held liable if the consumer sustains injuries as a result of using a product. Generally, there are three different types of product defects that are subject to liability in manufacturers and suppliers:

  1. Manufacturing Defect Claims
    1. With manufacturing defect claims, injured customers are not required to prove negligence, meaning that the manufacturer is legally held responsible for allowing a defective product to enter the marketplace. Thus, if a consumer is injured by a defective product, he or she may seek out legal monetary compensation from the manufacturer.
  2. Design Defect Claims
    1. One may also have a claim where the defect that caused injury is inherent in the design of the product. If a consumer uses the product in an intended manner, and is injured by the product, then the consumer may be entitled to compensation from the company responsible for designing the flawed product.
  3. Failure to Warn Claims
    1. Manufacturers are required to warn consumers about known dangers, and can be found negligent if the warning is inadequate, the manufacturer failed to warn consumers about all known risks, or if the warning is not adequately brought to the attention of the consumer. If a consumer is injured by a product because the warning label was non-existent or inadequate, the consumer may be entitled to monetary compensation from the manufacturer of the product.

WHAT KINDS OF PRODUCTS ARE CONSIDERED TO BE UNSAFE OR DEFECTIVE?

A wide range of consumer products can be considered to be unsafe or defective, including, but not limited to:

  • Cars or SUVs
  • Power tools
  • Farm equipment
  • Firearms
  • Household products, especially electrical ones
  • Medical devices
  • Playground and school equipment
  • Baby or toddler products
  • Hunting and camping equipment
  • Medical devices
  • Medications
  • Gas stoves, heaters, fireplaces, and grills
  • Industrial equipment and/or machinery
  • Trailers and jacks

WHAT SHOULD I DO IF I’VE SUSTAINED AN INJURY AS A RESULT OF USING A PRODUCT?

Immediately after an individual has sustained an injury as a result of using a consumer product, they should keep the defective product in its current condition. Individuals should also try to locate all documents, including manuals, packaging or instructions that came with the product. Most importantly, individuals should not discuss their injuries with a company representative before discussing their case with a reputable lawyer. This is because a company representative may gather evidence against them, or try to offer individuals a low-ball settlement.

CAN ANYONE FILE A PRODUCT LIABILITY LAWSUIT IN ARIZONA?

If the consumer is injured as a direct result of using a product they may have a claim. While individuals may file a claim in the state of Arizona without the use of a lawyer, it is typically not recommended. If an individual’s lawsuit lacks substantial evidence, or is misfiled, the court may dismiss the case at any time.

WHY SHOULD I CONSULT A LAWYER?

Individuals, who have sustained injuries as a result of using a consumer product, should consult a reputable personal injury or products liability lawyer for a number of reasons. First, because individuals most likely are unaware of their legal rights, a lawyer will be able to better inform them. Second, most individuals do not know the merits of their case – a lawyer will be able to advise them on whether or not they indeed have a substantiated claim. Third, because most individuals do not know how to gather evidence or retain the appropriate expert, a lawyer will be able to do this for them. Finally, a lawyer will be able to represent them in court if need be. In most cases, a favorable settlement is reached outside of court.

Many reputable lawyers will not charge for an initial consultation.  Typically, individuals will only have to pay their lawyer a fee if their claim results in a settlement. When consulting with a lawyer about their case, it is important to know what happened to cause the injury, and what type of product was the cause of the injury.

Find more like this: Personal Injury

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2/9/2020

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20/20/2020

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13/9/2020

“Thank you so much for all your hard work on our behalf! Thinking I could handle it on my own, I was originally reluctant to take my accident claim to an attorney. But I am SO glad I called you instead. Your people were always helpful, pleasant and responsive at every step along the way. You represented us with honesty and integrity and made a traumatic experience as painless as it could be. And best of all, you helped us get a settlement that was fair and far more than I could ever have negotiated on my own! I highly recommend Wattel &York to anyone who has suffered a personal injury.”

Cathy M.

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Robert G.

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Russ W.

“I was a passenger in a car that got t-boned a few years ago and got a huge gash. I didn't know a lot about lawyers, so I basically just picked one on the flip of a coin. I called Wattel and York and they explained everything, I went into the office and filled out paperwork. Got treatment on my gash over the time I worked with them, glad I did as it opened back up a couple times and bled. They did really good, got me the maximum amount of money, and made sure I was well taken care of. I was updated from time to time so that was good. The only thing I might change is I never got to thank or talk to my lawyer. I think it was because I was already used to dealing with the lady at their Glendale office so they just kept her as my point of contact. So it's okay, I'll thank them with a good review. The last thing I could say about them is months after I thought my case was over they called me and said they had another check for me for a few hundred dollars. Apparently, they negotiated with the hospital I went to after the accident. It was a nice surprise and shows they really had my interests in mind.”

Trent B.

“Wattel & York has been great for me in the past few years. I was involved in a really bad accident while I was on Active Duty in Yuma, Arizona and they have been patient with me every step of the way through a very long process. I would recommend them to anyone thank you for all your help.”

Levy G.

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Claire B.

“Dave Wattel represented me and my son on a Personal Injury case from a motor vehicle accident back in 2009. Jake P. handled my deposition and Dave did the Quarterbacking. The insurance company hired NFL referee Ed Hochuli's firm to try and deny our claim. But Wattel & York made it look as easy as Tom Brady on the football field. The result was more than acceptable and my son and I were compensated for our injuries and rehabilitation. Dave Wattel cares about his clients. If I ever find myself in a situation like this again, Wattel & York will be on speed dial!!”

Vince C.

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