Defective Product Liability Attorneys in Tucson, Arizona
Get the compensation you deserve after being injured by a dangerous or defective product.
If you or a loved one has been seriously injured or someone has died from a dangerous, defective, or recalled product, you need the product liability law team of Schmidt, Sethi & Akmajian as your strong advocate when fighting to recover the damages you seek.
When a product is not designed or manufactured according to specifications, is found to be dangerous or defective, or the consumer is not adequately informed of the hazards the product may present, that product can rapidly become a liability.
The most common claims associated with product liability are:
- Strict liability
- Breach of warranty
- Consumer protection claims
The federal government regulates some aspects of consumer product safety, but the laws affecting product liability are determined at the state level and can vary widely. That's why it is important to work with a proven personal injury lawyer who stays up to date with the latest product recalls, understands the Arizona product liability laws, and who has extensive experience dealing with these types of dangerous or defective product claims.
Product liability cases can be complex and complicated, so it's crucial that you consult with an experienced Arizona personal injury lawyer to discuss your lawsuit options.
What Is Product Liability?
Dangerous or defective products are not accidents and you deserve fair compensation.
If someone is injured by a dangerous or defective product, they may have grounds to file a lawsuit against the manufacturer, wholesaler, or distributor, depending on the type of defect. In many instances, companies manufacture products that are not in conformity with the product's specifications. In other cases, companies make products with old, shoddy, or defective materials or parts that don't work and are destined to fail.
Thousands of product liability suits make their way through the federal and state courts each year due to product manufacturers failing to warn consumers about the danger surrounding their product. These claims always revolve around the responsibility of these products because a company has the responsibility to design, make, and market safe products, and to put appropriate safety warnings on the package.
Product liability involves all claims or action brought for personal injury, death, or property damage caused by the manufacture, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, or labeling of any product.” These claims hold companies responsible for the injuries their dangerous or defective products may cause and includes manufacturers, designers, distributors, suppliers, retailers, and others who make products available to the public.
Typically, there are four main reasons a consumer would file a claim against a product manufacturer for product liability:
- The product was defectively designed.
- The product was defectively manufactured.
- The product was defectively marketed.
- The manufacturer or seller did not warn the consumer or provide ample safety warnings, instructions or packaging about a known dangerous characteristic of a particular product.
Product Liability Cases We Handle
We approach each client's medical malpractice case with care, concern, and dedication.
At Schmidt, Sethi & Akmajian, our personal injury attorneys care about helping people who have been injured due to a dangerous or defective product. We understand product liability cases and have extensive knowledge and experience working with clients on a wide range of dangerous and defective product disputes, with specific expertise in the following areas:
Motor Vehicles and Parts (cars, motorcycles, trucks, boats, ATVs, RVs, etc.)
Unfortunately there are a number of automotive defects that can be considered dangerous and cause catastrophic injuries (or worse) to unknowing drivers, passengers, and even pedestrians due to automaker or manufacturer negligence include:
- Tire defects (tread belt separations, tread detachments, etc)
- Defective airbags
- Vehicle rollovers
- Sudden or unintended acceleration
- Defectively installed or designed fuel tank systems
- Defective roof strength / Unsafe roofs
- Faulty seat belts
- Defective transmission or brake systems
- Improper stability of SUV's, Jeeps, and other motor vehicles
There is nothing more important than protecting our children and ensuring products are safe for the smallest of consumers. Babies, infants, and small children require a variety of important products as they grow, but sadly, some of these products can pose tremendous safety and health risks causing serious harm like suffocation or strangulation, serious rashes and allergic reactions, and sadly, even death.
While any children's product can become dangerous or defective and may be a strong product liability case, some of the most common are:
- Baby products (cribs, carriers, boosters, high-chairs, strollers, etc.)
- Car seats and related products (faulty latches or buckles, defective adjusters, flammable materials, weak materials, or frames)
- Bath products (lotions, shampoos, soaps, etc.)
- Sleep products (blankets, pillows, baby bumpers, sleep positioners, anti-reflux wedges, etc.)
- Toys and games
- Medicine and children's health and wellness products
The common risks, critical injuries, and consequences of dangerous or defective children's products may include:
- Spinal cord injury
- Traumatic amputation of an appendage or limb
Medical Devices and Pharmaceuticals
Unfortunately sometimes, the products designed to help you can actually do the opposite. When the manufacturers of medical devices, medical products, and pharmaceuticals products, devices, and drugs are dangerously or defectively manufactured, designed, or marketed, a product liability case can occur.
Just some of the defective medical devices, products, or drugs that can often be defective include:
- Implants (such as hips, shoulders)
- Contraceptive devices
- Medical beds
- Mobility devices
The AZ Injury Law team are experts at handling the aftermath of these product defects and failures and diligently represent injured consumers by thoroughly investigating the underlying product and the cause of the product's failure.
Do I Have a Product Liability Case?
Manufacturing companies and big corporations - and their insurers - will try everything to avoid or lessen their liability for a defective or dangerous product. Whether they use bad-faith tactics to achieve this, such as denying your valid claim, or they intentionally offer you a low or lesser settlement, you need a professional and proven attorney to represent you - one with experience in these types of cases.
Product liability lawsuits can be filed alone, or as part of a class action if the defective product injured a large number of people in the same manner. In a product liability class action lawsuit, a small group of people may represent hundreds or thousands of people who have also suffered similar injuries. Filing or joining a class action may be appropriate when the amount of damages each plaintiff receives would be nominal and where the potential value of an individual suit would not outweigh the legal costs involved. However, a class action lawsuit is not normally used when consumers have suffered severe or unique injuries.
Hiring an attorney from the AZ Injury Law team can ensure you have a valid case and strengthen your legal claim to any damages you deserve as well as provide support, strategy, and peace of mind throughout the complex legal process. We will research the case details, talk to your doctors, obtain proof of injury, make a list of your damages, and seek maximum compensation from the insurance provider.
The product liability lawyers at Schmidt, Sethi & Akmajian in Tucson Arizona are highly specialized, highly regarded, and know the right type of lawsuit to pursue if you've been injured by a dangerous or defective product. While you focus on your personal recovery, the AZ Injury Law team will handle the complicated negotiations with an insurance company or another defendant and seek financial recovery on your behalf.
Do I Need a Product Liability Attorney to Handle My Dangerous or Defective Product Claim?
When a person buys a household item, a toy, a tool, a medical device, a piece of machinery, furniture, a vehicle or any other type of product, he or she expects that it will work safely, as it is intended and as was advertised.
Product liability claims can be brought about due to any number of accidents or injuries caused by dangerous or defective products. Most people are not aware that they may have a valid product liability claim until it's too late. Many times people will simply chalk up their injury to their own misinterpretation of the instructions or to a poorly-made product, and that is where their experience will end.
Proving that the liable party knew of the defect and was aware of the inherent danger that defect presented, yet still allowed the product to go to market anyway or made no changes is the basis of any product liability claim. Our firm is broadly recognized and well-regarded as one of the most successful personal injury and product liability law firms in the Tucson, Arizona area and we do not shy away from going up against big brand name manufacturers, companies and product distributors to help our clients recover the compensation they are rightfully owed.
We will work hard to determine if another person's negligence was responsible for causing your injuries or a wrongful death due to a defective, dangerous product or a product recall.
We know how to handle insurance companies during product liability claims. We always prepare cases as if they are going to trial. This shows insurers we will not back down from a fight. This involves gathering the evidence necessary to show that your injury came from a defectively manufactured or marketed product, a flawed or dangerous design, or as a result of the company's failure to provide suitable instructions and safety warning labels on the product.
Our local, proven attorneys have more than 120 years of combined legal experience and we have recovered in excess of $150 million in damages on behalf of our clients. We provide the personal attention and aggressive representation you need to win your claim.
The AZ Injury Law team has represented countless personal injury and product liability cases and have settled 98% of our cases successfully. Even more importantly, we have helped change the lives of the clients we have helped for the better.
What Damages Can I Recover in a Product Liability Lawsuit?
Damages for injuries caused by dangerous or defective products can vary depending on the product itself, the injuries that occurred, and specific aspects of the case, but damages are typically considered either compensatory, special, or punitive.
In a successful product liability lawsuit, victims may be eligible to collect the following:
Actual and general damages intended to make the victim “whole” again and include medical costs, both present and future, long-term care, etc.
Reimbursing victims for any calculable out-of-pocket expenses or financial losses, including medical and hospital bills, lost wages, damaged property, etc.
Tougher to calculate, these damages include pain and suffering, emotional anguish, loss of consortium and loss of life's enjoyment, medical needs, etc.
Injuries resulting from defective products can result in substantial and long-term physical, emotional, and financial stress. Medical bills can also spiral out of control, especially when it comes to serious accidents or malpractice, which could also be related to your product liability claim.
If you or someone you know has been injured by a faulty or failing product, the attorneys at our Tucson, Arizona office may be able to help you recover financially.
Product Liability Blogs, Articles, and Helpful Info
- Torts: Federal Implied Preemption of Failure to Warn Claim Involving Medical Device
- FDA Issues Mandatory Recall on Kratom
- Dangerous Product: Crib and Toddler Mattress Recall
CLICK HERE to read additional blogs on a variety of personal injury subjects.
Examples of Our Firm's Product Liability Victories
- Bloom v. Brunswick Corporation ($9,000,000 Verdict)
- Doty v. Bishara ($4,000,000 verdict)
- Defective Baby Formula Stunts Growth ($2,000,000 settlement)
Recent Product Recalls
CLICK HERE for a list of the most recent product recalls that may affect you or your family.
Our Tucson, Arizona injury lawyers offer assistance for a variety of personal injury, product liability, and wrongful death cases for our valued clients.