Scottsdale Product Liability Lawyer
Phoenix Product Liability Lawyer Holding Suppliers of Defective and Dangerous Products Liable
Businesses make fortunes from the products they design and sell. That is especially true of the makers of automobiles, motorcycles, drugs, and electronic products. The makers of these products are in the best position to make sure the products they put on the market are safe. Manufacturers are the ones who decide how the product is to be designed, what materials are to be used, and what tests are to be done on the product to ensure safety. The consumer is not in a position to test the product. He or she relies on the manufacturer and seller of the product to make sure the product operates safely, even in emergencies.
At Amar Esq. PLLC, our Phoenix product liability lawyer holds manufacturers, distributor, and sellers accountable for defective products in various different ways. Our firm brings strict liability claims that hold suppliers of products liable if their products were defective and caused injury or death when being used. We also bring claims for breach of warranty and for negligence when appropriate.
The Core Elements of a Product Liability Claim
In Arizona, to hold a company strictly liable for a product defect means that that the injured person (or family of a deceased) does not need to prove the business was at fault. Generally, the following elements establish a case for product liability:
- The product, when used, was defective and the defect was unreasonably dangerous;
- No changes were made to the product after it was purchased; and,
- The defect is what caused the injuries or death.
Defects Generally Take One of Three Forms
- The design of the product was improper;
- The design was proper but it was made improperly. Many manufacturers use substandard non-quality parts to save costs; and,
- There was a failure to warn the consumer of any risks involved with using the product.
A product can also be considered defective if the instructions on how to use it were not accurate.
Types of Product Liability Claims
Our Phoenix product liability attorney handles product defect cases for many types of product. However, most product defect cases fall into one of the following categories:
- Vehicle defects – When brakes fail, the steering doesn’t work, fuel lines malfunction, tires tear apart, air bags don’t work, or other parts of a car don’t operate when you need them most; the results can be catastrophic. Every auto part should work as it is intended to in order to reduce the risk of a car, truck, or motorcycle accident.
- Medications and medical devices – Many medications perform wonders and save or extend lives. But some medications worsen a patient’s conditions or even cause someone to die. Implants for various parts of the anatomy and prescriptions that cause cancer, heart attacks, illnesses, bleeding, or any type of harm, instead of improving a patient’s health, should be taken off the market. The makers of these drugs and devices should be held accountable.
- Children’s toys and products – Children don’t understand the dangers of the items they play with. Product makers who create toys for children should design those products with children in mind. Warnings to parents aren’t enough. The child shouldn’t be shocked, suffocate, or suffer other harm when using a toy that is supposed to be fun or educational. Cribs, clothing, and anything used by a child should be safe for that child to use.
- Electronic products – Entertainment devices, appliances, and any other products that rely on electrical currents should be designed, made, and sold so that the users understand how to use them. When defective electrical product cause harm or death, our Scottsdale product defect attorney fights to hold companies strictly liable in court or through strong settlements.
Work tools, equipment, and machinery should also work safely. If a scaffold doesn’t work, a crane swings wildly, a forklift can’t stop; workers can bring claims directly against the manufacturers even if they also have a worker’s compensation case.
Speak With An Arizona Product Liability Attorney to Discuss Your Matter
If a product defect causes an injury or death, it is important to speak with a product liability lawyer as soon as possible. There are time limits for bringing product liability claims. It is important to preserve the product and to have the product examined by engineers and other product safety professionals as soon as possible. At Amar Esq. PLLC, we guide our clients through each stage of their case and when the time is right, demand a strong and complete financial recovery from the responsible party. To discuss your case with a Phoenix product liability lawyer, contact 480.802.8232 or complete our contact form to schedule an initial consultation at no cost.