Skilled Phoenix Personal Injury Lawyers Advocate for Individuals Injured by Defective Products
Aggressively fighting for the rights of Phoenix defective product victims
When we make purchases as consumers, we rightly expect those products to work correctly. We trust manufacturers and designers to make their products safe for proper use. However, recent changes to the statutes in Arizona have made it a challenge for people hurt by defective products to obtain the compensation they need to recover from their injuries.
At Plattner Verderame P.C., we can face those challenges head on. Since 1991, our knowledgeable Phoenix defective product lawyers have put our experience and creativity to work on behalf of injury victims throughout Arizona. We provide you with honest, professional representation at every step.
Understanding the causes of defective products
A liability claim for a defective product can arise under a variety of circumstances. The defect that caused your injury may have originated with the design of the product, or it may not have developed until the product was packaged and marketed to you for purchase. The following classifications represent the basic types of product liability:
- Design defects. These flaws stem from the faulty design of a product, which means that the actual blueprint for creating the product was unreasonably dangerous. An example would be a chair that is designed with unequal leg lengths, making it unstable to sit on.
- Manufacturing defects. These defects arise during the assembly of a product. The design was reasonably safe, but some error occurred during the manufacturing process. For example, medication that is mistakenly laced with a toxic substance during the bottling process represents a manufacturing defect.
- Marketing defects and deficient warnings. These injuries are not caused by any defect with the product itself. Instead, the manufacturer and/or seller failed to adequately warn you about risks associated with the product. Buyers need to know when they are purchasing dangerous drugs and devices, or other products that have a high probability of causing harm. Failure to warn about the flammable dangers of a gasoline product is an example of a deficient warning. So is failing to warn women that their talc-based products or their breast implants could be linked to ovarian or breast cancer, respectively.
If you are severely injured by a defective product, trust an experienced Phoenix personal injury lawyer to secure compensation from all responsible parties. Depending on the details of your case, a claim may be made against the manufacturer, wholesaler, or product retailer. The attorneys of our firm have also successfully handled cases in which more than one party was at fault for resulting injuries.
Arizona’s comparative negligence laws in regards to defective products
Arizona has made it more difficult to bring a successful claim for a defective product that ends in a verdict for the plaintiff. The laws limit how long you can bring a claim to two years, so time is of the essence if you have sustained a serious injury.
Because Arizona has implemented comparative negligence rules for product liability suits, the damages you collect can be affected by any perceived role you played in your own injuries. In other words, if a judge or jury believes that you are 20% at fault for your injuries, then your total damage award will be decreased by 20%.
Furthermore, Arizona adopted an intermediate rule version of the Economic Loss Doctrine (ELD), which bars a plaintiff from recovering damages in cases where he or she seeks only economic damages. In order to be awarded compensation, the plaintiff must show that he or she was exposed to an unreasonable risk of injury through the dangerous product. If, however, that risk was increased by the plaintiff’s own (perceived) behavior, then he or she could be denied the full amount of compensation for his or her injuries.
If this sounds complicated to you – you’re right: it is complicated. Product liability cases require an exhaustive knowledge and understanding of Arizona’s laws, and our Phoenix injury attorneys will tell you from the start if you have a legitimate claim. We only take cases on a contingency basis, so if you don’t win, you pay nothing. You can trust us to be upfront with you from the moment you walk into our office, and to fight for your best interests.
Providing Phoenix residents with affordable, effective representation
At Plattner Verderame, P.C., we proudly provide honest people with top-notch legal representation that is also affordable. Call us at 602-783-8793, toll free at 888-657-3573, or contact us to learn how our experienced Phoenix defective product lawyers can assist with your case.