Each year hundreds of products are recalled from the market. These products range from toys to pharmaceutical drugs to car parts. However, product manufacturers often wait until consumers have suffered severe injuries to issue a recall. Nearly any product can be used in a product liability claim if its manufacturing or defect caused you or a loved one harm. In severe cases, airbags and seatbelts have been the subject of these cases as they can inevitably lead to catastrophic injury or wrongful death in an auto accident.
If you’ve been injured due to a product you’ve come into contact with or have used, please call our product liability attorneys in Prescott today at (928) 227-1116 for a free consultation. The Jensen Phelan Law Firm, P.C. provides decades of experienced personal injury legal services to clients throughout Arizona including Sedona, Prescott and Prescott Valley.
Some of the products, devices and vehicles involved in product liability lawsuits include:
- Motor vehicles
- Jet skis
- Dangerous medical devices
- Dangerous drugs
- Unsafe sports equipment
Who can be Held Liable in a Product Liability Claim?
There are many moving parts when it comes to creating a product for consumer use, and each department involved could potentially be held liable for a defective product. Who is responsible comes down to which aspect of the product is at fault. This could include:
- Defective design—Part of the product is designed in a way that can be directly linked to the injuries.
- Defective manufacturing—During the course of manufacturing, the product is assembled or created incorrectly, ultimately ending in the distribution of an unsafe product.
- Defective marketing—The marketing of the product, be it an inadequate label, poor instructions or insufficient safety warnings, led it to be used in an unsafe manner which ended in consumer injuries.
Once our lawyers have identified the aspect of the product that caused your or your loved one’s injuries, they can begin the process of determining who is at fault, which may include the:
- Manufacturer of all or a portion of the product
- Company which assembled or installed the product
- Packaging company
- Retail store
- Marketing agency
Proving Fault in a Product Liability Claim
There are a variety of ways to prove that the product was indeed defective and/or dangerous and this determines the theory under which your lawsuit will be filed such as:
- Breach of warranty: If the injury was sustained while using the product in the way it was designed and advertised, then your lawsuit could be filed for a breach of warranty regardless of whether the warranty was written, expressed or implied.
- Negligence: If the manufacturer knew of the defect and made no attempt to remedy the issue, then you likely have a negligence lawsuit.
- Strict liability: This form of product liability claim simply involves establishing that there was a defect in the product.
Why Choose Jensen Phelan Law Firm, P.C. in Arizona?
For nearly 40 years, attorney Chris Jensen has fought on behalf of our injured clients. This persistence has earned him an invaluable reputation for successfully helping clients and their loved ones receive the compensation they’re due for the pain and suffering caused by a defective product, an auto accident or any other personal injury matter. In 2003, attorney Sean Phelan joined our firm and his partnership has only added to our successful reputation. Our lawyers are driven and dedicated to putting you and your injuries first.
If you or a loved one has been injured because of a defective or dangerous product, please contact our product liability lawyers in Prescott today at (928) 227-1116 for a free case evaluation. The Jensen Phelan Law Firm, P.C. proudly serves clients in Northern Arizona including Prescott, Prescott Valley and Sedona.