Phoenix product liability lawyers handle cases involving dangerous consumer products. Some of these products are dangerous because they weren’t made properly. Others would have been dangerous regardless of how perfectly they were made. When people purchase things like tools or children’s toys, they shouldn’t have to worry that they can get hurt by the products. In fact, when it comes to children’s toys, one would think manufacturers would be extremely careful. Sadly, it often comes down to what is cheapest. There are times when a company realizes their products are dangerous but think it would be cheaper to settle lawsuits rather than fix the item. They could issue a product recall but choose not to. When these sorts of things happen, Phoenix product liability lawyers step in and get consumers justice.
Phoenix Product Liability Lawyers Handle All 3 Types of Product Liability Cases
Phoenix product liability lawyers represent clients in all sorts of cases. These cases may involve products that are inherently dangerous, such as a lawnmower. Or they may involve items that seem relatively safe but weren’t made properly. Still, others involve goods that would have been safe had the manufacturer warned the victim of any possible hazards.
Product liability cases fall into three (3) main categories:
- Manufacturing Defect – These are the most common types of dangerous products. Most of the time, manufacturing plants are very careful about ensuring their products are made properly. They check to see that all of their equipment is working properly. They also make sure the staff is trained so that they don’t make mistakes during the process. However, there are times when mistakes are made. After all, while machines are responsible for constructing most consumer goods, people are responsible for operating the machines. If a product isn’t made properly, it can become unsafe.
- Inadequate Warnings – Some products are so dangerous that they can’t possibly be made 100% safe. These products are necessary, but consumers need to be careful when using them. Often, the companies that make these products put safety warnings on the box or packaging. If a company knows that a product is dangerous but fail to place a warning on the item, they can be found liable for damages. This is common with children’s toys. If a company knows that a toy isn’t safe for kids under a certain age, they need to put this information on the box.
- Design Defects – There are other products that would not be safe, no matter how perfectly they’re made. They are inherently unsafe. This often includes sharp tools. If a power saw is not designed properly, the consumer could suffer from very serious cuts and injuries. They could even suffer an amputation. Another example of a design defect would involve a child’s toy. If the toy is designed without the age of the child in mind, it could result in a product liability lawsuit.
Phoenix product liability lawyers understand the difference between these three types of cases. They also know how to prove your damages regardless of the type of case you’re involved in.
Phoenix Product Liability Lawyers Will Pursue All Necessary Parties
Phoenix product liability lawyers must determine whom you need to name in your lawsuit. There could be more than one party. It really depends on the facts of your case. This means that you’ll need to file a claim against multiple insurance companies. That’s why it’s important that you meet with an injury lawyer at TorkLaw as soon as possible after your injury. You want to make sure your lawyer can contact all of the insurance companies and see that your claim was filed properly. They may find that you didn’t file an insurance claim at all. If this is the case, you’ll need to do this as soon as possible. If you don’t file your claim within a reasonable amount of time, the insurance company will deny your claim.
Your product liability attorney at TorkLaw will review your case and decide which of the following parties you need to pursue:
- Designer of the product
- Manufacturer
- Distributor
- Retailer
- Delivery company
Regardless of who is named in your lawsuit, your Phoenix product liability lawyer will try to negotiate a settlement of your insurance claims.
Strict Liability and Negligence
Certain products are so inherently dangerous; the manufacturer will be held strictly liable for any injuries. In cases such as this, your attorney at Torklaw won’t have to prove negligence. They will have to prove that you were injured. They’ll also have to prove that your injuries were caused by a dangerous product. If, on the other hand, your case relies on negligence, your Phoenix product liability lawyer will need to prove the following elements:
- The manufacturer owed you a duty of care – As a consumer, this is a given. All manufactures must ensure that their products are safe for use and consumption.
- They breached this duty – You can show this by proving that the product was somehow unsafe. Your Torklaw injury lawyer can also demonstrate this by showing that the company knew its product was dangerous but did nothing to correct it or notify the consumer.
- You were injured – As long as you went to the hospital after your injury, this shouldn’t be hard to prove.
- Your injuries were caused by the defendant’s breach – As long as the defendant can’t show that something other than their dangerous product hurt you, this shouldn’t be an issue.
Possible Outcomes in Your Phoenix Product Liability Case
Your case will more than likely be settled long before the need for a trial. But this isn’t always the case. There are a variety of potential outcomes for your Phoenix product liability case. These outcomes include the following:
- Early settlement – Your case may settle before you even need to file a lawsuit. This is an ideal outcome.
- Your case settles after you file suit – This is the most common outcome. Once the defendant sees that you are taking the claim seriously, they will be more likely to engage in settlement talks.
- Trial – These are rare. More than 95% of all product liability lawsuits do settle.
Your Phoenix Product Liability Lawyer
If you or your loved one are injured by a dangerous product, contact TorkLaw as soon as possible. You may have a claim for damages against the product’s manufacturer. Call today and schedule your free initial consultation.