Products Liability
A product liability claim arises when an individual is injured by a hazardous or inadequately labeled consumer product, typically a type of machine or device.
Cearley Law Firm, P.A. represents people who have been injured due to defective product design, defective manufacturing, inadequate labeling and product warnings, misuse by a third party, recalls and other factors that were foreseeable.
Product liability claims may involve:
- Hazardous children's toys, clothing or other accessories
- Dangerous appliances which injure users or bystanders
- Pharmaceuticals or other health care products that cause dangerous side-effects
- Medical devices which fail or cause serious injury
- Vehicles which are unsafe to operate
- Seatbelts and airbags that do not work properly
- Dangerous and defective machinery and equipment
- And other circumstances
Manufacturers and other parties in the chain of distribution can be held responsible for the negligent or defective design of goods and products they send into the marketplace which injure people. This applies to goods purchased by ordinary consumers (like guns, cars, or even food) and to goods purchased by corporations and businesses (like a piece of heavy machinery). Manufacturers can also be held accountable for failing to warn users of a product's dangerous propensities.
Under Arkansas law, a product supplier or manufacturer may be held liable for damages if they are (a) engaged in the business of manufacturing, assembling, selling, leasing or otherwise distributing the product; (b) the product was supplied in a condition that rendered it unreasonably dangerous; and (c) the defective condition was a proximate cause of the harm to the person or property. Manufacturers can also be held liable if the product does not meet certain reasonable expectations.
If you have been injured by a defective product, it is extremely important that you save the product, even if it was badly damaged in the accident that caused the injury. Failing to preserve the product can seriously impair your ability to successfully resolve your case. You should never return the product to the manufacturer or seller of the product or their insurance representatives without first consulting an attorney.
It is important to hire attorneys who have the financial resources and experience to handle these highly complex lawsuits, which are often brought against big corporate defendants.
At Cearley Law Firm, P.A. we have successfully represented clients in cases involving air rifles, defective guns, tires, drugs, automobiles and industrial equipment. If you feel you may have a products liability case, please call us immediately, so that we can begin the process of determining whether or not we can assist you.
