What are the Different Types of Product Liability Claims in Arizona?
Product liability is a part of personal injury law. Every day, you and your family members use different types of consumer products, from motor vehicles and baby cribs to prescription medications and medical devices. Of course, as consumers, we expect that those products are safe for us to use. However, when those products end up harming you and other members of the public, you have a legal right to seek compensation for your injuries. If you are in this situation, a Phoenix product liability lawyer at Gallagher & Kennedy, P.A. is here to help.
Product Liability Law
Under product liability law, companies are responsible for the safety of the consumer products that they design, develop, manufacture, distribute, and sell. As a result, they can be responsible if they create a defective product that harms someone.
Various parties can be liable in a product liability claim. Depending on the nature of the product defect, potential parties might include:
Each of these parties has a legal duty to provide consumers with safe products. When they fail to do so, and injury occurs, they may be liable for the costs of those injuries, even if they did not intentionally, recklessly, or negligently provide harm to consumers. In many cases, a defective product manufacturer is liable for the injuries, no matter the circumstances, under the legal concept of strict liability.
Types of Consumer Product Defects
Defective products have problems that make them unreasonably dangerous for consumers to use. Some examples of defective products include:
- A child’s toy with a small piece that can easily detach and cause choking.
- A vehicle with seatbelts that do not stay appropriately latched.
- A household appliance with a sharp edge that easily cuts people.
- An electronic device that causes an electrical shock when exposed to water.
- A carseat that comes unbelted.
- An airbag that does not deploy.
Generally, product defects fall into three categories: design defects, manufacturing defects, and marketing defects. Each of these types of product defects can be the basis for a product liability claim.
A defect in a product’s design makes it inherently dangerous for consumers to use. The design makes the product defective as manufactured, even if the production process goes as planned. Therefore, all products that follow the design are defective. For instance, some motor vehicles are inherently defective in their design in that they have a higher chance of rolling over or catching on fire.
Manufacturing defects in a product occur during the manufacturing process. There is likely no flaw in the product’s design and some batches of the product may be perfectly safe. However, something goes wrong during production that makes the product dangerous for consumer use. For example, a medication may become contaminated during manufacturing, leading to a recall of specific batches of the medication, but not others.
Consumer products may be safe for consumers unless a marketing defect causes them to become unsafe through incorrect use. A lack of instructions or consumer warnings about proper usage of the product could result in inappropriate usage that harms consumers. For instance, a toy’s warning label might not specify that it is safe only for use by children over the age of six.
Contact Gallagher & Kennedy, P.A. Today
A Phoenix product liability attorney at Gallagher & Kennedy, P.A. offers comprehensive legal representation for individuals and their families who have suffered injuries or wrongful death following catastrophic accidents involving consumer products. We are here to deal with insurance companies and handle your claims so you can focus on healing. Call our offices at 602-530-8400 or contact us online to learn more about how we can help.