Yuma, AZ – There are a number of injury cases in Arizona and the rest of the United States each year that involve some kind of defective or malfunctioning product that causes an accident, rather than human error. An entire area of tort law called products liability deals with these kinds of issues and provides victims of defective products with financial remedies through the civil courts.
The definition of a products liability lawsuit
Products liability is essentially a layer of analysis added to lawsuits for civil actions such as breach of warranty, negligence, or strict liability. The theory behind these kinds of cases is that a manufacturer should distribute products that are safe when consumers utilize them for their intended purposes. A number of product recalls happen each year when a manufacturer realizes that their products may cause injuries and they wish to avoid liability. The companies that designed the product, manufactured it, or distributed it all may be sued for problems with defective products. This type of liability for all companies in the chain of production and custody is a reason why safety testing and product warnings have become so common in the American business world.
Specific types of defects that may be pertinent to a lawsuit
Products liability law recognizes certain specific problems that are likely to cause accidents and injuries. A defective design means that the way the product was conceived was problematic because users could be injured by its standard design and features, even during intended use. A manufacturing defect means that one or more individual units were affected by some kind of problem in the production process which made them dangerous. Finally, there are defects in marketing which may include inadequate or improper instructions, warnings, packaging, or labeling.
Damages available for victims
The amount of compensation that the victim will receive in a products liability action is relative to the seriousness of their injuries and losses. This is similar to all other tort law cases. If the injuries are fatal, the lawsuit will be available to family members under the principles of wrongful death laws.
One of the main defenses available in a product liability lawsuit is that the plaintiff did not use the item as intended. These types of lawsuits are limited to situations where a victim was injured during normal use of the product, and not if they were in the process of an unintended or unanticipated use.
Lawyers in Yuma are available
Schneider and Onofry help people in the Yuma area with various kinds of accident and injury cases. Anyone who needs assistance from an attorney who focuses on injury law can contact the firm to schedule an initial consultation and discuss the possibility of a lawsuit.
Firm contact info:
207 W. 2nd St., Yuma AZ 85364