Defective Products
Phoenix Personal Injury Lawyers
Serving the greater Phoenix area, Mesa, and surrounding cities
Defective products is another name for the personal injury area of law called products liability. Americans use millions of products every day. Most products are safe or have labels that warn about hazards, so average people who take reasonable precautions have nothing to fear. However, thousands of products are also released on an annual basis that are dangerous or defective. These dangerous or defective products can cause injury to those who buy and use them. In some cases, the injuries are serious or fatal.Designers, manufacturers, and sellers have a responsibility when putting a product on the market to ensure that it is safe. When they fail to do so, product liability is the term used to describe such a failure. If their product harms a consumer because of a defect, they are legally responsible for damages. Products may be defective because of the way they are designed, manufactured, or marketed:
- Design flaws: A pharmaceutical drug causes adverse side effects, such as cancer, liver disease, or heart failure. People are incapacitated or die from taking the drug.
- Manufacturing defects: Quality control fails to properly inspect a seat belt with a defective clasp. The seat belt is ineffective in securing a car passenger during heavy impact, resulting in severe injury.
- Errors in Marketing: A cleaning solution is released into the market that fails to warn consumers to keep the product out of the hands or children or pets because it may be fatal if ingested. A toddler gets hold of the cleaning solution and is severely harmed.
What to do if injured when using a product
If you or a loved one has been seriously injured using a product, take the following steps:
- Seek immediate medical attention
- If your injury occurred while outside your home, report the injury to your employer or the owner of the facility where the injury occurred. Make sure an incident report is filled out. Not only does this protect you, but by notifying the responsible parties, it may also help prevent others from experiencing a similar injury
- Preserve the product, including the label and packaging, if possible. If broken, do not repair the product
- Photograph the product. This is especially important when you cannot preserve the product or it is not a product that you own. Make sure to photograph important details, such as warning labels on the product
- Note down the date of your injury
- Write down all the facts of what occurred leading up to the injury. If family or friends were present during your injury, have them write down the details of what they observed as well
- Take photos of your injury
- Always speak to a personal injury attorney before contacting your insurance company or speaking to an insurance adjuster or representative
- Do not delay in obtaining a personal injury law to review your information and evaluate your case. The sooner investigation begins, the sooner your claim can be filed
At Tobler Law, we offer a free consultation to discuss injury as result of a product that is possibly defective. We will help you understand your rights and counsel you on the best course of action. Defective product cases are represented on a contingency basis—no recovery, no fee.
If you are unable to travel, a personal injury lawyer can visit you in the hospital or at your home. Call 480-898-9700 today or contact one of our personal injury lawyers online.