Phoenix Product Liability Attorney
Not all consumer products are safe for use. Negligent manufacturers can produce items that contain defects. At Gallagher & Kennedy, we come to the aid of customers after injuries from defective and dangerous products. Our Phoenix product liability attorneys help injured consumers bring lawsuits against manufacturers and distributors for producing items that are unsafe for use. If you or someone you love has injuries from a defective product, vehicle or medical device, please contact us for a free legal consultation.
Why Choose Us?
- We are a results-oriented personal injury firm that always starts by listening to you, the client.
- We have helped clients in Arizona ranging from Fortune 500 companies to individuals.
- We understand product liability laws and how to properly litigate these cases.
- We have extensive practice area experience – over 40 years.
- We value hard work, family and fairness. We are passionate about what we do.
What Is Product Liability?
Product liability involves a manufacturer’s legal responsibility for the safety of its products. Every manufacturer has a duty to create reasonably safe products. Failure to do so, even if the manufacturer was not negligent, will place liability for injured victims’ damages with the manufacturing company, in most cases. As an area of law, product liability refers to a consumer’s ability to file a lawsuit against a manufacturer or distributor in pursuit of a financial award for damages related to a defective product.
What Is a Defective Product?
A defective product is one with an issue that makes it unreasonably dangerous for consumers to use. A defective product may contain a problem in its design or manufacture that leads to hazards, such as a teapot that cracks when it gets too hot or a seatbelt that does not fully latch. A defective product may not work the way the manufacturer intended or may pose serious risks of harm anyway. Most defective products contain one of three types of defects.
- Design defect. A defective design can make the product dangerous even if production goes as planned. A dangerous design can mean the product is inherently unsafe for use. An example is an SUV designed with a center of gravity so high that the car is excessively prone to rollovers.
- Manufacturing defect. A manufacturing defect is an error during the item’s production that creates an unsafe product. A mistake or act of negligence during the manufacturing process could make the product dangerous, such as a food item that gets contaminated with broken pieces of machinery
- Marketing defect. A marketing defect could make an otherwise safe product dangerous through incorrect use. Lack of proper instructions or warnings accompanying the product could result in hazards to consumers. An example is an infant playing with a toy designed for kids 10 and older and choking on small parts due to lack of proper labeling.
A defective product has something wrong with it that interferes with a consumer’s ability to safely use the item. If you were using a product as the manufacturer intended and it caused a serious injury, the product may be defective. You could be eligible for compensation from the manufacturer if you or your attorney can prove the item contained a defect and caused your injuries or illness. Bringing a product liability claim could be your best chance of recovering financially.
Examples of Defective Products
In our years handling product liability claims on behalf of clients in Phoenix, we have seen cases involving a wide range of defective items. Any manufacturing company, seller or distributor could be guilty of releasing products that are dangerous for consumers. After an injury or illness related to any product you purchased, contact our lawyers for a consultation to find out if you have a claim.
- Auto parts
- Seat belts
- Food and beverages
- Household appliances
- Children’s toys
- Medical devices
Any product can contain a defect. Always check national recall lists to watch out for products with known defects or hazards. If the product that injured you is not recalled, however, you could still have a case. Some manufacturers are aware of product defects but release the product anyway to save money. At Gallagher & Kennedy, we believe this type of behavior is unacceptable. We work hard to hold manufacturers accountable for acts of negligence that cause customer injuries and deaths.
Types of Product Liability Claims
Injured consumers can bring claims for defective products on three different grounds. The first is strict liability. Federal product liability laws hold that manufacturers will be strictly liable for injuries their defective products cause. Strict liability means the party will be legally responsible without the victim having the burden to prove negligence or fault. Strict product liability laws may apply to your case if your lawyer can prove the product contains one of the three main types of defects and that the product is what caused your injuries.
The second type of product liability claim is based on negligence. Negligence is a manufacturer’s failure to adhere to the expected standards of care in the industry, resulting in harm to a consumer. A case based on negligence requires proof that the manufacturer breached a duty of care, such as the duty to test its products or market them properly. Evidence of the defendant’s negligence, such as safety reports or expert testimony, must exist to win this type of product liability claim.
The third type of claim is a breach of warranty lawsuit. Manufacturers give express and implied warranties as to the safety and quality of their goods. If a consumer suffers an illness or injury due to a breach of this warranty, the manufacturer could be liable. For example, if a food manufacturer puts a “Guaranteed Fresh” label on its products, but a customer gets sick due to spoiled food, the manufacturer could be liable. A conversation with one of our attorneys can help you understand which type of claim you might have grounds to file.
Types of Injuries Involved in Product Liability Cases
Defective products can cause a wide range of personal injuries, many of which can lead to permanent symptoms and long-term disabilities. Defective products have caused injuries ranging from internal organ damage due to children swallowing magnets to traumatic finger amputations from exploding e-cigarettes. Our lawyers have helped clients with many different injuries and illnesses, as well as wrongful deaths. If a defective item caused you an injury or took the life of a loved one, you are not alone. Our attorneys can help you seek justice.
- Back and neck injuries
- Bone fractures
- Electric shocks
- Eye injuries
- Head or brain injuries
- Internal injuries
- Pulled muscles
- Scarring or disfigurement
- Serious illnesses
- Wrongful death
We believe in holding manufacturers to high standards of care in terms of public health and safety. It is our mission to help customers take a stand against companies that negligently fail to ensure the safety of their products. We can use an assortment of legal resources to help you build as strong a claim to damages as possible. If you or a loved one suffered any type of injury because of a defective product, please contact us to discuss your case.
How Much Does it Cost to File a Product Liability Claim in Arizona?
Bringing a claim against one or more parties for a defective product injury may not cost you anything out of pocket. Most personal injury lawyers accept these cases on a contingency fee basis. This fee setup means the lawyer will only collect fees from you when and if he or she wins your case. Attorney’s fees are contingent upon the firm winning a financial award on your behalf. No compensatory award means $0 in attorney’s fees. Whether you win or not, you will not pay a lawyer that works on contingency out of pocket.
If a contingency-fee based attorney does win your case, you will typically pay his or her fees out of your award, not out of your wallet. The lawyer will charge you a percentage of the settlement or jury verdict won based on a predetermined setup. You and the lawyer will discuss the particulars of the fee arrangement before you sign a contract. A contingency fee arrangement helps all victims afford high-quality attorneys, as well as ensures your lawyer never receives more money than you do. It also motivates attorneys to work harder, since your win is their win.
In most cases, a lawyer will charge according to the amount of work the case requires. If your lawyer manages to settle your case without going to court, for example, the attorney’s fees may be lower than if the lawyer needed to litigate a court trial. However, a court case may result in better compensation for your damages. It is important to discuss your personal needs and case goals with your lawyer before you begin. Your lawyer can tailor his or her legal strategy to your concerns and budget. Every case and law firm is unique. Discuss the potential costs of your case with one of our lawyers today.
What Compensation Is Available?
We know the goal behind taking legal action is not money alone for most injury victims. As the victim of a dangerously defective product, you likely also want to spread awareness about the issue and bring the at-fault manufacturing company to justice to save other consumers from the same fate. Your goals are our goals at Gallagher & Kennedy. We also know, however, how drastically a compensatory award can change the life of someone struggling with a serious injury. A successful product liability claim in Phoenix could pay for many of your economic and noneconomic damages.
- Past and future medical costs
- Disability expenses
- Lost wages and capacity to earn income
- Property damage expenses
- Pain and suffering
- Intangible damages
- Legal expenses
- Punitive damages
An estimate of what your product liability claim could be worth is something our lawyers can give you in confidence during an initial consultation. We will evaluate your personal injuries, how they impacted your life, related health care costs, lost income and other elements of your claim to calculate a fair amount. Our Phoenix personal injury lawyers can then help you discover whether an insurance company has underestimated your losses in an effort to get you to settle for less. If our lawyers accept your case, we will go to work on obtaining full and fair compensation for your damages right away.
Contact a Phoenix Product Liability Attorney Today
No one can predict a serious injury from a defective product. What you do next, however, could decide your future. Get answers to your legal questions, counsel you can trust and aggressive advocacy at Gallagher & Kennedy. Our Phoenix product liability attorneys will go the extra mile to obtain fair compensation on your behalf. Our skilled legal team is not afraid to take powerful manufacturing companies to court during individual lawsuits or mass torts for maximum compensation. Start your claim with a free case evaluation at our local Phoenix law firm. Call (602) 530-8400 or contact us online today for more information.