As consumers, we go to the store to buy whatever product we might need or want. We have a reasonable expectation that that product we are purchasing will be safe when being used properly or reasonably. On occasion, the products we purchase fall short of our reasonable expectation. In most instances, we have the ability to return that product to the store for a refund. Sometimes, however, that defect (whether in a poor design, poor manufacturing or assembly, or insufficient warnings or marketing material), may cause injury to you, the consumer.
Consider a toy designed for an infant with pieces that are easily removed and can be swallowed. Consider a trampoline net that is so thin that it fails to serve the purpose for which it was purchased. Consider a pressurized container that can burst when kept in hot temperatures like a garage in the summer, but with no warnings on the packaging or marketing material. These are a few examples of countless ways that a defective product can result in injury or death to the consumer.
In order to maintain a successful product liability claim, it will be necessary for you to prove that there was some defect, either in the design of the product, in the manufacturing of the product, or in the warnings and instructions for use, and you must prove that this defect caused harm, usually through doctors’ records or other reliable means.
You should anticipate a strong and arduous defense from most manufacturers. You should anticipate an argument that you, as the consumer, failed to properly follow user instructions, or did something to make the product more dangerous.
Adam Barlow Law, P.C. is a Mesa, Arizona based personal injury firm representing clients in the Phoenix area and throughout the state of Arizona. While we are happy to provide a free evaluation of your case please note that, unfortunately, we do not take the following types of cases: