Arkansas Product Liability Attorneys
At the Arkansas Law Office of Jason M. Hatfield, P.A., we know exactly what to do to provide you with the best legal help possible. If you are dealing with the aftermath of a personal injury, call the Law Office of Jason M. Hatfield, P.A. today at (479) 361-3575 to receive a risk-free consultation with one of our experts. We have the experience you need to get the compensation you deserve.
Your rights under arkansas product liability Law
You are legally entitled to expect a product not to inflict harm when you use it correctly. That right is protected under product liability law, which is a blend of federal and state rules and regulations that govern a product’s production and use standards. The law protects you, the consumer, from any item sold in the market that causes harm.
At the Law Office of Jason M. Hatfield, P.A., we have reputable and highly experienced product liability lawyers. If you are seeking legal help for a product liability claim, consider the guidance and expertise of a trusted and dependable personal injury lawyer. Call our law offices at (479) 888-5098 to schedule a non-obligatory case review and learn how best to fight for your rights.
We have experience handling claims for manufacturing and design defects. If you used a defective product that caused injuries, you may be eligible for compensation.
Do I have a product liability claim?
An item can potentially injure a person even when used correctly; that is why defective products or services pose significant dangers that the consumer can experience in different circumstances. However, some products have a higher probability of becoming a hazard than others because of design or function flaws.
A product or service may harm one user differently from another. That does not mean that the item or service was faulty. The person might have failed to adhere to the user instructions or guidelines. However, if that is not the case, then the cause may stem from an oversight on the designer’s or manufacturer’s part. It also could be attributed to the distributor’s negligence or negligence at the point of sale. While the circumstance surrounding the cause of the injuries might differ, you may file a product liability claim if there are sufficient grounds for the following:
- Design Defect – An item has design flaws that make it potentially dangerous, posing a threat to the consumer.
- Manufacturing Defect – An oversight or error occurs during the production process that the manufacturer failed to notice, making the product defective and dangerous.
- Failure to Warn – This occurs when the manufacturer might know of the possible risks the item poses but fails to include a warning of the potential dangers associated with using the product.
The attorneys at our Arkansas office will review your case and help determine its viability so that they can start gathering the evidence that will be crucial in supporting your claim.
How can I prove a product was defective?
From a legal standpoint, a product liability lawsuit is handled as a personal injury case. As the plaintiff (the injured), you must first prove your injuries or health complications stem from using the defective product or service. Proof includes items like medical records, photos, and the product’s purchase records.
When you come to us, our legal experts will investigate the matter and gather crucial evidence to show the item or service was faulty. You may have used the item correctly as instructed by the user’s guidelines, and the product hurt you. We recommend keeping the product in a safe place also to be present as evidence. Your attorney will do all that is possible to determine if the product had a design flaw due to an oversight, manufacturing error, or any other reason.
Components of a product liability case
You will be tasked with proving any of the following:
According to the state laws, product liability cases are handled based on strict liability. This means that the party responsible for the product or service that caused your injury can be held responsible regardless of fault or intent. They did not have to intentionally or knowingly cause injury to be found liable.
The product was defective
The product has design defects that made it inherently hazardous, and it was released to the market with these defects.
The product was released
The product was released into the market while it had functional or design flaws that were not discovered during the manufacturing process.
The product might have marketing defects
The item might have marketing defects, which could include insufficient warnings or a failure to inform the public of the product’s potential risks when used.
A party should be held accountable
The product’s designers, manufacturers, or distributors should be held accountable for their mistakes.
How will my lawyer prove my defective product claim?
legal standards in product liability
All products are legally expected to meet a minimum quality and safety standard. As such, if its designers, makers, and marketers knowing or unknowingly release it for public use and it causes harm, they are held liable for the damages or fatalities.
Legal Basis of a Claim
Product liability law is a patchwork of statutes and rules, many handled at the state level. However, there are some legal constants. At Jason M. Hatfield, P.A. law offices in Arkansas, we have handled many injury claims, and our product liability lawyers can effectively use the following methods to determine blame:
1
Strict Liability
We will strive to help you, as the plaintiff, prove that makers, designers, and distributors are to blame. The process starts with identifying the manufacturer and proving fault in their product before leaving the production line. We also will show the item’s flaw and why it is the reason for your injuries.
2
Negligence
Negligence is key to a personal injury case, and proving negligence can get complicated. An experienced attorney can help you prove that the product’s designers, manufacturers, or marketers failed to honor a duty of care by creating an item that is unsafe for public use.
3
Breach of Warranty
This happens when a product was made and sold based on a promise or guarantee that it failed to honor or deliver. A warranty might be implied, or explicit and limited to a specified time, or the item might have a lifetime user guarantee. As the user, you do not have to have been party to the original warranty or guarantee to be eligible to sue for breach of warranty.
What damages can an attorney help me recover in a product liability lawsuit?
When pursuing a claim for your product liability case, your lawyers will focus on negligence or a strict liability notion, which is why the damages will include compensatory damages to cover losses associated with the defective product’s impact on its user’s health and way of life. The attorneys handling your case will go for the following damages.
Economic Damages
These will cover your medical bills, physical therapy, and pharmaceutical costs. It will also cover disability costs, lost income, and property damage.
Non-economic Damages
Non-economic damages will cover the pain and suffering or forfeiture of enjoyment attributed to the injuries you sustained after using the defective product. It will also cover loss of consortium, emotional anguish, and permanent disfigurement.
Who can be held liable for a defective product injury?
If you used a defective product that caused injuries, you have grounds for a personal injury claim against different parties associated with the product. You may be able to sue the manufacturer, designers, suppliers, distributors, wholesalers, or retailers. A product is expected to meet the consumer’s ordinary expectations without causing any harm when used as intended. But a product can fall short of honoring this if subject to a manufacturing defect, design defect, or distributor defect.
The Manufacturer
If a defective component was not discovered during the production process, you may be able to sue the defective part’s makers and the makers of the final product. For instance, if you are injured in a car accident attributed to a faulty battery, you can file a product liability claim against the vehicle manufacturer and the battery’s makers.
The Retailer
While the retailer did not make the faulty product, they may be held accountable for selling it to the public. Any party that is part of the distribution chain is a potential defendant in a product liability case.
The Supplier
When the product leaves the production line, it is handed over to a chain of wholesalers who pass down the product to the retailers who sell it to the consumers. That means that the wholesaler, supplier, or distributor is part of the distribution chain, and this makes them liable for any harm that the product might have caused to the user.
Elements of a successful product liability claim?
The first thing our legal team will work hard to prove is that there was a loss of property, sustained injuries, or fatalities attributed to the use of the defective product. You must prove you were injured and suffered losses. That means showing the court that the item is the direct cause of the injuries, death, or loss of property.
The product is defective
Your lawyers will investigate your claim and collect evidence proving the product’s danger. It is hard to sue for injuries if the reasonable use of a product is linked to dangers highlighted in the user guidelines. However, the lack of adequate warning or instructions can justify a product liability lawsuit.
The defect caused the injury
Your lawyer must show that the defective product is to blame for your injury claim to be valid. That means proving the defect is a direct cause of your injuries or losses.
The Product Was Being Used as Intended
The legal team fighting for your rights and interests will show the court that you used the product as directed by the user guide, and as a reasonable person would have; it will work in your favor.
Experience. Dedication. Compassion.
30 years of legal experience in helping personal injury victims
If you have suffered injuries after using a defective product, we at the Law Office of Jason M. Hatfield, P.A., are the legal professionals to consider when you need help. Our attorneys are highly accomplished legal professionals, and we have helped many clients win their injury claims and walk away with full compensation for their losses and damages. Call our law offices today to schedule a free case evaluation and learn the steps you should take to ensure you are compensated for your injuries and losses.