Defective Product Lawyers in Conway
The products that we buy on a daily basis (or even ones chosen for us) can cause danger to health and well-being. Companies often put profits over people in their attempts to get a product into the marketplace and keep selling it. Companies do not have an unlimited right to sell whatever they want. If you have been injured by a defective product, you have a legal right to financial compensation. However, these are not always easy lawsuits to win.
Product defects can plague practically any type of product. The second that you buy a product, the seller, and anyone involved in selling you the product, assumes a legal relationship with you. The fact that they marketed and sold a product makes them legally responsible for the damage that it causes.
Examples of Defective Products That Harm Consumers
Here are some common examples of products that may be defective and cause injury:
- A toaster sparks and catches fire when it is used
- Hernia mesh inserted in a surgery frays and damages surrounding organs
- Brakes on a car fail, causing someone to rear-end a driver in front of them at high speed
- Lettuce is tainted with harmful bacteria, causing someone to get violently ill
- A heartburn medication contains a known carcinogen, sickening people with cancer
As you can see, product defects span a wide variety of cases. Oftentimes, you are not the only person who has been injured by a certain product, so these become mass tort actions. Companies will hotly contest allegations against them because they could mean widespread liability that may even put them out of business.
However, when an experienced lawyer begins to investigate and obtain evidence, they often learn that the company knew full well of the defects and did nothing because they were afraid of liability or wanted to keep making money selling the product.
If you can prove that the product was defective, the manufacturer would be strictly liable for the damages that it caused. They would have a limited number of defenses that they could then use, including the fact that they claim that you used the product incorrectly.
Legal Theories of Product Liability
There are three primary types of product defects. They are:
- Manufacturing defects: These defects occur when something happens in the manufacturing process that makes the product unreasonably dangerous (a problem in the manufacturing process that tainted the popular blood pressure drug Valsartan with the known carcinogen NDMA, for example).
- Design defects: There was nothing wrong with the manufacturing process, but the design itself makes the product dangerous to consumers when there was a reasonably safer alternative (an unstable chest of drawers that could tip over and fall on a child, for example).
- Marketing defects: The company knew or should have known of the danger of their product, but they did nothing to fix the problem or warn the general public of the risks. A recent alleged example is the Phillips sleep apnea machines. Evidence shows that the company knew for years that the foam could disintegrate and users could breathe in harmful chemicals.
In addition to product defects, you may also win your case if you show the following:
- The defendant was negligent in designing or manufacturing the product.
- The defendant breached any one of a number of express or implied warranties.
- The defendant committed fraud.
Product Liability Cases Are Hard-Fought Because of the High Stakes
Product liability lawsuits are usually very scientific cases. You are trying to prove that something was unreasonably dangerous. Your key proof is expert witness testimony and internal corporate documentation that you would get as the case progresses that may show the company knew the danger of the product. These cases may take years from start to finish, but you must be patient as your attorney builds their case.
Product liability actions will often be consolidated into multidistrict litigation in a federal court somewhere in the country. The process makes it easier for plaintiffs to work together to obtain common facts and evidence. If your case is consolidated, you would still get your own jury trial. In many cases, defendants will enter into global settlements once they realize that their defenses are not playing well to a jury.
For defendants, product liability lawsuits are often considered “bet the company” cases, where they will come with an army of top lawyers. We regularly litigate against some of the nation’s top law firms, and we treat everyone the same.
Once you bring your case to an experienced attorney in your free consultation, the lawyer will begin to investigate. Your lawyer would build a sound grasp of the facts because they would need to draft a complaint that is strong enough to survive the inevitable motion to dismiss.
Do not worry that your attorney does not have all the evidence at first – you will get access to relevant corporate documents during the discovery process. The key is to begin your legal case now before the statute of limitations runs out.
Contact a Conway Product Liability Lawyer
If you or a loved one have been injured by a defective product, you may be entitled to substantial financial compensation. The experienced product liability lawyers at Denton & Zachary hold companies accountable when they have sold a dangerous product that has harmed you. Call us today at 501-273-1695 or contact us online to schedule your free initial consultation.
Product Liability Case FAQs
How long will my product liability case take?
You should be prepared for a long legal haul. It may take years to get a trial date. Then, even if you win, your verdict could be appealed. Nonetheless, you must go through the process if you want financial compensation.
Will my product liability case settle?
Usually, cases in mass tort litigation will go to trial. Companies settle cases when they suspect that juries will punish them severely.
How much will a product liability lawyer cost me?
You will not need to pay anything unless we win – we work on a contingency basis.