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Product Liability

Consumers who are injured using a product as it was intended may have a product liability claim. However, problems sometimes arise with consumer goods, and even seemingly benign products may have the potential to cause injury to consumers.

If you've been injured by a faulty product, you may be entitled to damages.

Get in touch with our Personal Injury Law Team to discuss your case today!
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I was referred to Jared by another attorney who spoke very highly of him. Jared and his staff were professional and attentive. Johanna kept me informed, e-mailing and calling to let me know what to expect along the process.read more
Becky B.
Jared and the entire staff of Jackson White were a pleasure to work with! I survived a traumatic, life-threatening experience in 2016. Jared helped me navigate the legal end of the situation, providing reliable and realistic advice and support every step of the way. He was quick to respond to all of my questions with patience and helped turn a difficult situation into a solution I feel good about. I would recommend Jared to anyone needing dependable and honest representation--you will not be disappointed!read more
Courtney R.
Jared and his team were very professional and understanding. Our case was difficult due to the loss of a loved one by negligence of someone in charge of his safety. They were extremely kind in their approach and worked in a timely manner to get the case settled. I highly recommend them to anyone who needs a very good legal defense team on their side.read more
Diane D.
Jared handled a vehicular accident liability case for us a year ago and exceeded our expectations at every stage. He was very attentive and empathetic in the initial interview regarding the crash, which resulted in serious injury to our grandson by an impaired driver. Even though the driver at fault had zero assets Jared was able to obtain a significant insurance settlement for our grandson, who will use it to further his education. We did not hesitate to go to JacksonWhite because of their sterling reputation, and Jared's performance certainly confirmed it was the right decision.read more
Bob S.
Thank you, Jared for all you did for us! From start to finish, we felt comfortable and well-informed. The process was so overwhelming, but the knowledge you brought to table put us at ease. You truly made us feel like we were your number one priority, and we appreciate that so much! Your services were exactly what we needed, in a time when we felt very vulnerable and confused about how to proceed with our situation. Your professionalism and sincerity will be remembered, and we are very appreciative!read more
Danielle B.
Jared was a great choice for me from the very first day, he did a free consultation and was extremely compassionate. He took the time to explain everything in a way I'd understand so I never felt like anything was over my head. He was upfront and guided me through the entire process! I'd defiantly recommend Jared to anyone!read more
Teanna M.

 

Types of Product Liability Cases

Product liability law extends to just about any good that can be bought or sold.  Product liability cases are categorized in three groups:

  • Design Defects: Product liability claims may succeed where mistakes were made in a product’s design process. If the product’s design makes it dangerous to use the product as intended, liability may be assigned to the product’s designer. Moreover, the designer may be liable if the product’s design makes it dangerous if it is used for any reasonably foreseeable purpose.
  • Manufacturing Defects: Product liability claims may succeed where a defect in the manufacturing process causes an injury. The manufacturer of the product may be liable if the product was manufactured or assembled in a manner making it dangerous for consumers.
  • Marketing Defects: Product liability claims may succeed where a product is mislabeled or labeled poorly, such that consumers are not adequately warned of potential dangers that the product presents. The party responsible for marketing or labeling may be held liable if the injury can be directly traced to a marketing defect.

Recovering Compensation in a Product Liability Case

Plaintiffs may have more than one option for proving liability in a product liability case.  As with most personal injury cases, one option for proving liability is showing that the seller or producer of the product acted negligently. However, because proving negligence can be extremely difficult where a product is mass-produced and sold to the general public, alternative theories exist for proving liability.

Product liability claims can succeed under a theory of strict liability. Instead of proving the elements of negligence, plaintiffs must instead demonstrate the following:

  • An unreasonably dangerous defect in the product caused the injury.
  • The product was being used as intended when the injury was sustained.
  • The product was not substantially altered from its condition at purchase.

Sellers and designers of products use a variety of strategies to overcome strict liability claims. One defense is that the consumer knew of the defect and continued to use the product. Another defense is that the consumer altered the product from its original state, thereby creating the defect. Creative defenses are plentiful, and plaintiffs should recruit a knowledgeable product liability attorney to help develop their case.

Breach of warranty provides another theory under which a product liability claim can succeed.  Even where a product is not covered by a written warranty, the theory of implied warranty may be suitable. This theory holds that an implied warranty exists between buyers and sellers, which is breached if a product defect prevents the buyer from using the product as intended. A Mesa product liability attorney can examine a plaintiff’s case and determine which theory is most suitable for pursuing compensation.

 

Call Personal Injury Attorney Jared Everton at (480) 467-4392 to discuss your case today.

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