Every year, people around the country sustain serious and sometimes fatal injuries from consumer products – be it a garden weed killer, a household appliance or a faulty automotive part. Product liability law is in place to protect consumers who are injured by defective and dangerous goods. Under this doctrine, manufacturers and product designers have a legal duty to ensure that their products are reasonably safe for their intended purpose and to warn the public of any possible hazards. A failure to do either of these may constitute a breach of duty for which defendants can be held liable.
The product liability team at Showard Law Firm represent plaintiffs in a wide range of civil actions, from substandard medical devices and hazardous household products to illness caused by asbestos, pesticides and chemicals. We are well-versed in consumer protection laws and represent injured plaintiffs in product liability cases nationwide.
To find out if your injuries merit litigation, contact Showard Law Firm for a free case review.
Product liability statutes of limitation
Bear in mind that each state has its own statute of limitations – or prescribed time limit — for filing a product liability claim. In some states, the clock starts ticking the date the injury occurred. Other states start the countdown when the claimant discovers the injury or reasonably should have discovered the injury. For example, people who develop lung cancer from workplace asbestos exposure may not discover their injury until many years later when they are diagnosed with mesothelioma.
In all matters involving personal injury it is critical that investigations are started promptly, evidence is preserved and actions are filed before the statute of limitations expires. Showard Law Firm can help you better understand how the statute of limitations apply to your case.
Experienced product liability lawyers
Our team strives to recover fair compensation on behalf of those injured, and to make a positive difference in the lives of our clients. We are currently investigating product liability cases related to:
- Chemical Hair Straighteners and Relaxers
- Breast implant complications
- Defective medical devices
- Hearing loss from 3M military earplugs
- Dangerous pharmaceuticals
- Mesothelioma from asbestos exposure
- Neocate Baby Fornula
- Juul Vape
- Roundup-related cancer
- Faulty household products
- Defective automotive parts
- Product recalls
We appreciate the heavy burdens faced by our clients, and we are passionate about securing maximum compensation for those who were unjustly harmed. Showard Law Firm will pursue every channel of legal recovery in an effort to ensure you are properly compensated for medical expenses, lost income, diminished earning capacity, as well as compensation for pain and suffering.
Grounds for filing a product liability lawsuit
Product liability claims may be founded in allegations of design defects, manufacturing defects, or the manufacturer’s failure to adequately warn of foreseeable risks.
Design defects
A design defect is a flaw or imperfection in the original blueprint of the product that is so grave that the said item cannot be used without posing significant risk of injury or harm. For example, a vehicle is sold with a defectively designed airbag that spontaneously deploys, posing threat of severe bodily injury to occupants.
- Did the manufacturers know the airbag’s design was unreasonably dangerous prior to production?
- Did the manufacturer have knowledge that the design could injure consumers?
- Could the manufacturer have used an alternative and equally feasible design?
If any of these elements can be proven, the plaintiff can seek damages on grounds of design defects.
Manufacturing defects
A manufacturing defect is a mistake or error in the manufacturing process that affects the quality and safety of the consumer product. It does not matter if the defendant took extreme care in the manufacture of the product. They can still be held liable, if it can be proven that the defect took place during its manufacture, and that the defect is the proximate cause of the claimant’s injuries. In most cases, manufacturing defects affect a small percentage of products, which are later recalled or voluntarily withdrawn from the market, as was the case with several types of pelvic and hernia mesh.
Failure to warn or instruct
A manufacturer can also be held liable in a product liability lawsuit for failing to provide adequate warnings, instructions and labels that clearly indicate potential risks. Warning labels should be written in understandable language and caution consumers about known hazards; the severity of risks; and how to avoid them. Depending on the specific circumstances of the claim, various parties can be named as defendants including the manufacturer, wholesaler, retailer, distributor and marketer.
Negligence, strict liability and breach of warranty are the main causes of action in a product liability case.
Advocating for your rights
Whether injuries resulted from a lack of quality control, poor design concepts, or corporate irresponsibility, those who experience severe health complications, illness, hearing loss and other long-term problems caused by defective products deserve to have their voices heard.
At Showard Law Firm, our team has years of experience with complex cases, and we take great pride in offering compassionate, personalized service. Please call our Arizona law office today to see if you qualify for legal action.
Additional Resources:
- Cornell Law, Products Liability https://www.law.cornell.edu/wex/products_liability#
- com, What Is Product Liability? – Definition & Laws https://study.com/academy/lesson/what-is-product-liability-definition-laws.html
- Cornell Law, Strict Liability https://www.law.cornell.edu/wex/strict_liability