25+ YEARS EXPERIENCE • 99% SUCCESS RATE • $100+ MILLION RECOVERED
Arizona Product Liability Attorney
You expect that any product you buy will work safely if used correctly. After all, designers, manufacturers, wholesalers, retailers, and others involved in the supply chain are legally obligated to make sure that all their consumer products undergo thorough testing and are safe to use as intended. Or, at the very least, provide adequate warnings about their products’ potential side effects and dangers. Unfortunately, many manufacturers make mistakes or cut corners, which can lead to significant consequences for you, the consumer.
When products with poor designs, manufacturing defects, or inadequate warnings are put on the market, countless people may suffer serious injuries. No company has the right to gamble with your safety. That’s when Gerber Injury Law steps in. If you or a loved one suffers serious injuries because of a defective product or false representation made by the manufacturer, talk to a product liability lawyer in Arizona at Gerber Injury Law. You may have a product liability case to recover financial compensation.
At Gerber Injury Law, we aid innocent consumers injured by dangerous or defective products. There’s no excuse for manufacturers to release unsafe products. When companies put quick profits over your safety, fail to test their products thoroughly, and allow them to reach the shelves without proper warning, we’re the law firm to call. Our Arizona product liability lawyers have secured over $100 million for our clients. We have the skills, experience, knowledge, and dedication to take a liable party to task and make them answer for jeopardizing your life.
Complete our no-obligation case review form or call 623-486-8300 to schedule a free consultation.
What Does Product Liability Mean?
All designers, manufacturers, and other parties involved in the chain of producing consumer products have a legal obligation to prioritize the safety of their products.
When you suffer an injury, fall ill, or a loved one is killed because of a defective or dangerous consumer item such as a medical device, car part, household appliance, child product, or virtually any consumer product, any lawsuit you file against the manufacturer and other parties will be governed by a legal concept known as “product liability.”
Product liability represents a profoundly intricate realm within the domain of personal injury law. These kinds of cases differ from those stemming from premises liability accidents, motorcycle accidents, or other mishaps, as claimants are not required to show negligence on the manufacturer’s part. Consult an experienced product liability attorney in Arizona for legal guidance specific to your situation.
What Are The Different Types of Defective Products?
Typically, in a product liability case in Arizona, a plaintiff must show that the product that caused them harm was defective and that defect made it unreasonably dangerous. So, does that mean that any product that causes consumers harm is defective? Of course not.
A product is legally said to be defective if it has a design problem that poses a significant risk of harm to users or is unsafe for the intended use. While the range of potential injury-causing defects is almost endless, product defects can generally be grouped into three categories.
Manufacturing defects occur when there is a flaw, mistake, or act of negligence in the manufacture or assembly of a product. This results in the product reaching the shelves in a different condition than intended. These defects are the most frequently encountered and may involve problems unique to a specific part of a product.
Examples of manufacturing defects include:
- A truck with a missing steering or braking component that causes a truck to lose control resulting in a catastrophic truck accident
- Food items that get contaminated with toxic chemicals lead to severe injuries for consumers
Design defects involve defective and potentially hazardous products, even though they were correctly manufactured and used as intended. Design defect cases do not involve a single faulty product but rather challenge the safety of the product line in general, irrespective of the fact that the product’s manufacturer met all the required specifications.
When a product has a faulty design, all other products manufactured using the same design will be inherently dangerous. Below are examples of design defects:
- An SUV is designed with an unreasonably high center of gravity that tends to roll over when a motorist takes a sharp turn
- A medical device with a flawed design, such as a hernia mesh device, disintegrates inside a patient’s body causing bowel perforation. Faulty design is among the top reasons for medical device recalls
Marketing defects, sometimes referred to as “failure to warn,” can make otherwise safe products dangerous through a lack of information regarding the risks that could result from the product’s intended or foreseeable use. Shoddy instructions and a lack of adequate warnings can pose serious consumer hazards.
Examples of marketing defects include:
- Children’s toys that could pose choking hazards but don’t have warning labels about such risks and age restrictions
- Deadly pesticides that do not include a warning of potentially dangerous health effects on their label
A defective product can have adverse effects on your life. Regardless of the product defect that led to your injury, our personal injury lawyers in Arizona can help. To build a strong case, our Arizona legal team will promptly investigate the defect’s root cause, look into the company’s history, find out if other similar claims have been filed, and consult professionals to research that particular item’s design and manufacturing process. Contact us to speak with a qualified product liability lawyer near you.
How Common Are Product Liability Cases in Arizona?
In our 25+ years of handling product liability cases in Arizona, we have seen cases involving various defective products that cause catastrophic injuries, debilitating conditions, and even death. Outlined below are several prevalent illustrations of defective products in Arizona:
- Defective vehicle products, including seat belts, steering wheels, brake systems, airbags, and other auto parts
- Defective children’s products, such as toys
- Defective medical devices and medications, including surgical implants, body monitors, medical systems, prosthetics, and over-the-counter drugs
- Contaminated food and beverages, such as infant formulas
- Defective household appliances, such as fire alarms and toxic cleaning products
When you purchase and use any of the above products, you expect them to help you, not cause you harm. Unfortunately, any consumer item can contain a defect. Stay vigilant, and check the national recall lists regularly to keep an eye out for products with known defects.
You could still have a product liability case even if the item that caused your injuries or illness is not recalled. Some manufacturers, designers, and other parties involved in the product’s manufacture, assembly, marketing, and supply may be aware of a product’s defect but release the product anyway. They consider your injuries a business expense that intimidating company lawyers, low settlements, and bully tactics can reduce.
At Gerber Injury Law, you’re like family to us. After listening to a detailed account of what you experienced, we will work tirelessly and dedicate all resources at our disposal to hold manufacturers accountable for the actions that caused your harm.
What Types of Injuries Do Victims Suffer in Product Liability Cases?
A defective or dangerous product can cause a range of personal injuries, many of which can have permanent implications, including disability. Our Arizona product liability lawyers have helped clients with different injuries from product liability incidents obtain fair compensation for their medical expenses. Some of the common injuries we have observed in product liability cases include the following:
- Thermal or chemical burns
- Broken bones
- Accidental poisoning
- Eye injuries
- Traumatic brain damage
- Organ failure
- Serious illnesses such as cancer
When companies release defective and dangerous products, they risk countless unsuspecting consumers’ lives. Some consumers, such as victims of defective surgical implants or defective steering systems, may suffer permanent and even fatal injuries because of a company’s lapse in judgment.
No matter the product-related injury or illness you suffered or how large the company you’re up against is, our Arizona product liability lawyers are here to help. Our mission is to help regular people stand up against companies that release defective products onto the market and hold them accountable for victims’ injuries so they can rebuild their lives.
What Are the Different Types of Product Liability Cases?
Most personal injury claims, such as pedestrian accidents and car accident claims, center on the legal concept of negligence. However, product liability cases are different. In pursuing financial compensation after sustaining a product-related injury in Arizona, victims or their attorneys will have three theories of liability or grounds to bring a claim. They include:
Product liability cases based on the legal theory of negligence require the claimant to prove the following elements:
- The defendant owed the consumer a duty of care to provide safe products
- The defendant was careless or malicious in some way that compromised the product’s safety
- That omission or act caused the consumer’s injuries.
In this way, product liability cases based on negligence are similar to other personal injury cases in Arizona.
Claims based on strict product liability eliminate the need for a plaintiff to prove the defendant’s negligence or fault. Instead, they will need to show the following elements:
- The product was defective or unsuitable for its intended use, making it unreasonably dangerous.
- The product’s unreasonably dangerous defect existed when the item left the defendant’s control.
- The product’s unreasonably dangerous defect was the direct or proximate cause of the plaintiff’s injuries.
Since plaintiffs are not required to prove the defendant’s breach of duty or whether they had knowledge of the product’s defect, a plaintiff in a strict product liability claim can hold an entire supply chain accountable.
Breach of Warranty
Product liability claims based on the breach of warranty legal theory in Arizona require the plaintiff to show that the defendant guaranteed something in a contract — expressly or implicitly — but the promise was broken, resulting in harm. For example, suppose a children’s toy manufacturer puts a sticker on a toy that claims “safe for children above five years,” yet the toy presents a choking hazard for this age group.
You can hold the manufacturer liable for injuries and losses in that case. Because of the complexity of product liability claims, they often require in-depth knowledge of applicable state and federal laws. A product liability lawyer in Arizona can significantly help build an airtight claim so you can attain the justice you rightfully deserve. Please speak with our personal injury lawyers about your premises liability case today.
Liable Parties in a Product Liability Claim in Arizona
Product liability laws are in place to discourage the production of hazardous goods and prevent them from reaching consumers. Despite these laws, there is still a rise in consumer product injuries, with 11.7 million people being treated in emergency departments in 2021.
While product liability cases differ, injured victims can generally hold everyone in the supply chain accountable, including:
- Transportation companies
Companies releasing defective products on the market risk innocent consumers’ lives. For instance, consumers, such as victims of a defective drug, may suffer severe side effects because the manufacturing company failed to warn them about the dangerous side effects of the medication.
Whatever defective product-related injury you may have, our personal injury attorneys in Arizona can help. We assist victims and their families in suing businesses that put dangerous items on the market and hold them responsible for the harm they cause.
Statute of Limitations for Product Liability Claims in Arizona
If you are from Arizona and believe a defective product has harmed you, you must act fast because there is a time limit to file your claim. In Arizona, the statute of limitations starts running when you have reason to believe or discover that a product has harmed you. Arizona’s statute of limitations gives you two years to file your claim.
Although the statute of limitations for injury claims is two years, Arizona follows the discovery rule, so your limitations period starts from the date you discovered the defective product caused your injuries. For instance, the discovery rule might apply if you took medication for your stomach problem five years ago and were recently diagnosed with cancer resulting from your prior medication use. In such a scenario, your limitations period will start running on the day you are diagnosed instead of when you took the stomach medication five years ago.
A two-year time limit might seem long, but memories fade, and evidence can easily disappear. You must take immediate action to avoid getting your case dismissed should the time limit elapse before you bring your claim.
At Gerber Injury Law, our skilled product liability lawyers in Arizona will help you file your claim before the time limit expires. We have extensive experience working on product liability cases and will ensure you file your product liability claim within the statute of limitations, following the proper procedure.
What Sort of Damages Can I Recover After a Product Liability Claim in Arizona?
We understand that the goal behind your taking legal action against a company with a defective product on the market isn’t solely to recover financial compensation but to spread awareness and prevent other consumers from suffering a similar fate.
We also know that recovering compensation can significantly change the life of a victim who suffered severe injuries that affected their life’s trajectory, which is why our hardworking attorneys do everything they can to help victims recover damages in product liability claims.
Depending on your case, you can recover different damages in your product liability claim in Arizona, including non-economic, economic, punitive, and wrongful death damages.
The following are examples of the damages our product liability attorneys in Arizona might help you recover in a product liability claim:
- Past and future medical bills
- Lost wages
- Disability expenses
- Property damage
- Legal expenses
- Pain and suffering
- Punitive damages if the defendant was grossly negligent
- Wrongful death benefits
- Other recoverable damages under the law
You might settle for whatever offer you receive, especially when you do not know your claim’s worth. You do not have to go against big companies alone. Instead, let our qualified attorneys assess your case and establish how much your claim may be worth, then help you fight to recover damages.
Our legal team works hard to earn the trust of our clients and will put our available resources to work to help you receive fair compensation for your injuries. Let our product liability attorney evaluate your case, then fight to help you recover the compensation you deserve.
How Can Gerber Injury Law Help With a Product Liability Claim?
At Gerber Injury Law, we treat all our clients like family and will do everything possible to help them with their product liability claims. Here’s how our personal injury lawyers in Arizona can help you:
Conduct an Independent Investigation
After hearing your story, our product liability attorneys will begin an independent investigation to collect the relevant evidence available from you and third parties, if any. The evidence may include:
- The defective product
- Your testimony
- Witness statements
- Medical documentation of your injuries
- Expert testimony of the link between the defective product and your injuries
- Documentation of your injuries and financial losses
Our attorneys will research and find out whether there are other incidents similar to yours that help prove your case since your defective product may be one of many.
Strong Negotiation Skills
You must review a settlement offer before accepting it since you cannot demand additional compensation later should you discover your injuries are worse than you had thought. Our experienced product liability attorneys have strong negotiation skills and will ensure you do not accept a low settlement offer.
Extensive Legal Knowledge
At Gerber Injury Law, we have an in-depth and nuanced understanding of the Arizona product liability laws necessary for a successful claim. Our extensive legal knowledge gives you the information you need to make informed decisions.
Aggressive Trial Advocacy
Our product liability attorneys have extensive trial experience and will represent you during the trial if necessary. We always prepare our clients’ cases for trial from the get-go, should we fail to reach a fair settlement, even though most of our cases do not make it to trial.
We offer our clients a contingency fee, meaning that our initial consultation is free with no obligation. Our clients are only obligated to pay us after we help them win their cases.
Handle All Aspects of Complex Product Liability Claims
Most product liability cases involve going against big companies with resources and a well-funded team, making it impossible for victims without equal firepower to go against them. You have everything you need with us to stand up against such corporations releasing defective products to unsuspecting consumers. You deserve justice if a defective product has hurt you, and Gerber Injury Law is ready to help you handle all the complex aspects of your product liability claim.
Manufacturers should ensure their products are safe and will cause no harm to consumers when used as intended. Let our trusted and skilled product liability attorneys represent you and offer you the legal help you need to navigate your product liability case.
Talk to an Experienced Arizona Product Liability Lawyer Today
When innocent people use defective or dangerous products in good faith, they can experience suffering most people can’t imagine, and they have a right to seek comprehensive compensation for the injuries and losses they suffer.
The negligent parties who cause product liability injuries will go to great lengths to avoid accountability. The legal team at Gerber Injury Law has extensive experience with product liability claims. We have no fear of taking on big companies that cause harm to consumers in the name of profit.
Our history of unprecedented victories has proven that size does not intimidate us. We fight and work hard to help ordinary people who are facing extraordinary obstacles. Our primary concern is to make a difference in your life.
Request Your Free Consultation
If you or a loved one has been injured, don’t hesitate – contact our attorneys today!
After insurance company failed to pay $10k in policy limits for injuries caused by a motor vehicle accident.
For bicyclist hit by car.