Product manufacturers have a legal obligation to ensure their products, with normal use, will not injure their consumers. Yet, every year in the U.S., thousands of victims end up in hospitals with injuries from defective and dangerous products. Product liability is the area of law that presides over defective products and the rights of those seriously injured. It allows victims to hold manufacturing and distributing companies – as well as wholesalers and retail store owners – liable for the damages their products cause.
If a defective product injured you or caused the wrongful death of a loved one, contact Gerber Injury Law for a free consultation.
What Sets Us Apart
- We have six conveniently located law offices throughout Arizona. You can visit our law office in Peoria, Phoenix, Avondale, Scottsdale, Mesa or Surprise.
- We offer completely free, no-obligation initial consultations with our lead attorney. Ken Gerber will listen to your story and provide legal advice at no risk to you.
- We have years of experience in product liability law. Our Phoenix personal injury attorneys have over 22 years of experience and have recovered more than $100 million collectively for clients.
- We look out for the best interests of our clients. We communicate often with our clients during claims, always keeping them informed about their case status.
Do You Need a Lawyer?
The defendant during your product liability claim will most likely be a major product manufacturing corporation. You will have the task of going up against the company, its legal team, and its insurance corporation in pursuit of fair compensation. The best way to handle your claim is with assistance from an attorney. A product liability lawyer in Arizona can represent you and protect your rights during insurance negotiations. If you need to file a lawsuit or join a mass tort claim, your lawyer can help you with these processes as well. You can level the playing field between yourself and a large company, as well as fight for maximum recovery, with a lawyer by your side.
Common Products Involved in Injury Claims
Virtually any type of product can contain a dangerous defect. From household items to heavy machinery at work, any item could contain a defect that ultimately causes you or a loved one injury. At Gerber Injury Law, our product liability lawyers have experience helping clients with many different types of product liability lawsuits. We have the power to investigate and build a case for a client after any type of defective product causes an injury.
- Children’s toys
- Medical devices
- Construction equipment
- Automotive parts
- Kitchen and cooking appliances
- Hot water heaters
- E-cigarettes and vaping devices
From spinach contaminated with E. coli to prescription drugs with dangerous undisclosed side effects, many types of defective consumer products can cause injuries. It is the manufacturing company’s duty to reasonably prevent injuries to consumers through measures such as inspecting products before release, running safety tests, obeying federal manufacturing rules, and warning consumers of potential hazards. Manufacturer negligence can lead to dangerous goods.
Three Types of Product Liability Claims
A product liability lawsuit centers on one key element: the product in question contained a defect. While it will also be necessary to prove other elements, the first hurdle is establishing that the product in question is defective. A defect describes something wrong with the item that makes it unreasonably dangerous for consumers to use. Product liability law sorts the various defects a product may contain into three categories.
- Design defect. An issue or defect that is inherent in the design of the item. A product with a design that contains inherent hazards, such as a teapot made of a material that cracks when it gets too hot. A design defect will create a dangerous product even if manufactured correctly.
- Manufacturing defect. An error made on the assembly line of a product, leading to a hazard for consumers. Many things can go wrong during product manufacture, such as the wrong chemicals going into a batch of prescription drugs.
- Marketing defect. The lack of proper warnings regarding a known, but perhaps not obvious, product hazard. A manufacturer has a responsibility to include warnings, labels, and instructions concerning known risks. An example is a lack of age label on a children’s toy that is not suitable for infants.
Manufacturers, distributors, and retailers have significant responsibilities in the production and release of goods. When they breach these duties, resulting in product defects, if they are not recalled quickly, consumers can pay the price. At Gerber Injury Law, we can investigate alleged defective product claims for signs of defects. From there, we can help clients file product liability lawsuits against the correct defendant(s) in pursuit of fair compensation for serious injuries.
What is Strict Product Liability?
Strict liability law applies to most product liability claims in Arizona. Strict liability means the defendant will be financially responsible for a victim’s injuries even if it was not negligent. Proving negligence is not a requirement in a strict product liability claim. The burden of proof is to show that the item contained a defect, the defendant is responsible for the item, and the item caused the injuries or damages in question.
If strict liability laws do not apply to your case, you may instead base a lawsuit on negligence and/or a breach of warranty. Negligence is a breach of the manufacturer’s duty of care. A breach of warranty is the violation of a promise or guarantee the company made, such as to the safety of its goods. The lawyers at Gerber Injury Law can help you identify the elements of your claim, as well as go up against any defendant in pursuit of fair compensation.
Contact a Phoenix Product Liability Lawyer Today
Defective products can cause many serious personal injuries, including burns, broken bones, and lacerations. At Gerber Injury Law, our Phoenix product liability attorneys work hard to obtain fair and full compensation for the injuries suffered by our clients. A successful settlement or award could pay for your medical bills, property damages, lost wages, pain and suffering, and more.
Learn more about the factors of your case, as well as its potential value, during a free initial consultation at Gerber Injury Law. We may be able to help you and your family move forward after a major accident involving a defective product. Call (623) 486-8300 today to schedule a free case evaluation in a city near you.