Every day, the consumer products we purchase and use cause serious injuries because they are defective and unreasonably dangerous. We expect the product to be safe, but due to flaws with the product or the manufacturer failing to adequately warn of its dangers, serious injuries or death can occur. This is when our Yuma or Tucson product liability lawyers can help.
A product liability lawsuit involves injury caused by a defective product. A defective product is one that is not reasonably safe for its intended use. An intended use of a product includes all those uses that a reasonably prudent person might make of the product, bearing in mind its characteristics, warnings and labels.
Product designers and manufacturers have a duty to sell safe products, provide adequate warning labels and repair components they know are defective or dangerous.
Depending upon the circumstances, the retailer, distributor and manufacturer of the defective product may all be liable to injured consumers in Yuma, AZ if they fail to meet these standards.
The manufacturer has a duty to design a safe product. If the product has an inherent danger that cannot be taken care of by design, then the manufacturer must guard against those dangers. If the dangers cannot be limited by design or guarded against, then the manufacturer must warn and instruct users of those dangers.
A defective product lawsuit is difficult, time-consuming and expensive. It requires an experienced product liability attorney in Yuma AZ or Tucson with sufficient resources to conduct extensive investigations, collect evidence, talk with witnesses and employees, obtain company records and hire experts in order to properly evaluate and prove product defects.
Selecting an experienced Yuma or Tucson product liability lawyer is critical because the defendants in these cases are often large companies with significant resources, and they will vigorously defend against such claims.
There are important steps you must take following an injury by a defective product. In order to file a successful case, you must:
And finally, contact a Shultz & Rollins Yuma or Tucson product liability lawyer to set up a free confidential consultation and preliminary case evaluation.
Shultz & Rollins is a high-end, boutique law office located in Tucson and Yuma that has won over $160,000,000 in verdicts and settlements for our clients. The practice is helmed by Silas H. Shultz and Michael F. Rollins, both of whom began their careers as defense attorneys.
As such, they are privy to the strategies of the opposing side and skilled in anticipating and overcoming challenges during product liability lawsuits. With over 90 years of combined experience, they have a reputation for deftly handling serious, complex cases for our clients.
Any person or company that is in the chain of manufacture or distribution may be liable. This includes the manufacturer of component parts, an assembling manufacturer, the wholesaler or distributor and the retailer of the product. Claims may be based on negligence, strict liability or breach of warranty, depending upon the facts.
Practically any product that a manufacturer or seller places in the hands of a consumer can be defective and cause injuries. Products such as motor vehicles, tires, prescription drugs, household items, food, and medical devices are just a few examples.
To prevail, the injured party must prove that the product causing the injury was defective and therefore unreasonably dangerous. There are three types of defects:
When product liability claims are not based on negligence, but rather on strict liability, a manufacturer is held liable regardless of whether it acted negligently.
Yes, it is critical. An experienced product liability lawyer in Yuma, AZ will conduct an extensive investigation, collect evidence, talk with witnesses and employees, obtain company records and hire experts in order to properly evaluate and prove product defects. This is especially important since the defendants in these cases are often large companies with significant resources and will vigorously defend against such claims.
The parties responsible for causing the accident and injuries can be required to pay damages. A seriously injured plaintiff may be entitled to recover:
If a person dies because of a defective product, the survivors may recover monetary damages for their economic losses, such as lost financial support and funeral expenses in addition to their emotional distress damages for loss of love, society and companionship.
Generally you will need to retain an attorney to establish liability against any potential defendants and help maximize your damage recovery.
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