When we purchase products, we assume they are safe. Unfortunately, negligently designed or manufactured products can cause serious injuries. However, victims injured by dangerous products can pursue compensation for medical expenses, lost income, and other damages through a product liability claim in Hot Springs.
At Rochelle McCullough, LLP, we have a proven record of holding product manufacturers and distributors accountable for the injuries caused by their defective and dangerous products. If you’ve been injured by a medical device, pharmaceutical product, or any other defective product, rest assured we are prepared to fight for your right to compensation.
What Is Product Liability?
Designers, manufacturers, and retailers of defective products can be held liable for injuries caused by their products. “Product liability” refers to a lawsuit victims of dangerous products can file to pursue compensation for the damages they’ve suffered from their injuries. Under Arkansas law, manufacturers have a legal obligation to create reasonably safe products for consumers. They can be held liable for resulting injuries when they fail to do so.
What Is a Defective Product?
A defective product has one or more problems that make it unreasonably dangerous for consumers. There may be a problem with the product design. In other cases, negligence during manufacturing causes a product to be dangerous. A seat belt that doesn’t latch fully, laptops that heat up and burn users’ legs, and dangerous pharmaceutical drugs are all examples of defective products.
While there are many different types of defective products, all defective products have something wrong with them that interferes with a person’s ability to use them as intended to be used safely. Any product has the potential to be defective, but some of the most common types of defective products that cause serious injuries or death include the following:
- Food and beverages
- Household appliances
- Electronics
- Seat belts, brakes, airbags, and other auto parts
- Children’s toys and clothing
- Defective medical devices
- Dangerous prescription medication
- Furniture
Types of Product Liability Claims in Hot Springs, Arkansas
There are several different types of product liability claims. Working with an attorney can help you investigate the circumstances of your injury, gather evidence, and determine who is at fault for your injuries. Pursuing a product liability lawsuit could be your best opportunity to recover financially. You can recover compensation if you and your attorney prove that a consumer item contained a defect that caused you to become injured or ill.
Design Defects
Design defects arise during the design phase. Products can be manufactured safely but still be considered dangerous because of how they were designed. To succeed in a product liability claim using the design defect theory, you’ll need to prove that there was an inherent flaw in the product’s design that made it dangerous to use.
You also need to prove that a reasonably safe alternative design existed and that the cost of the safe design was reasonable under the circumstances. Even if the product does not have a reasonably safe alternative design, the company will still need to provide warnings explaining its risks and dangers.
Manufacturing Defects
Manufacturing defects happen during the manufacturing process. A product could have been designed safely but could become dangerous because the product wasn’t safely built. Manufacturing defects could impact only a single product or every product ever produced. In some manufacturing cases, hundreds of thousands of products are impacted by defects. Some of the most common causes of manufacturing defects include the following:
- The use of inferior materials or products
- Using harmful chemicals during the manufacturing process
- Making changes to the design during the manufacturing process
- Using missing or incomplete components
- Using toxic or dangerous chemicals during the manufacturing process
- Incorrectly assembled components or products
If you’ve been injured by a product that was dangerously manufactured, you and your attorney will need to prove that the defect caused her injuries and that you were using the product for its intended use.
Marketing Defects
Some products are dangerous even though they were safely designed and manufactured. When a product is dangerous, manufacturers, distributors, and retailers have an obligation to warn consumers of the dangers and risks of using it as intended. When companies fail to provide consumers with adequate warnings, they can be held liable for a person’s injuries.
How to Prove Liability
Most product liability lawsuits are based on a legal theory called strict liability. When a victim can prove that the product was defective and the defect resulted in their injury, they can recover compensation. Unlike with other types of personal injury lawsuits, victims usually aren’t required to prove that the manufacturer or distributor intended to cause their injury or acted negligently.
However, some product liability claims are based on negligence and require victims to prove that the at-fault party’s negligence caused their injuries. The attorneys at Rochelle McCullough, LLP will work closely with investigators to gather evidence showing how the defective product caused your injuries. We will handle the entire investigation and hire expert witnesses to assist in proving your compensation claim.
What Damages Are Available in Hot Springs Product Liability Claims?
If a defective product has caused you harm, you may be eligible for various categories of compensation through a personal injury lawsuit. The severity of your injuries often determines the amount of compensation. Rochelle McCullough, LLP works closely with medical and financial experts to accurately estimate the full value of our clients’ cases. Depending on your situation, you may be able to seek compensation for the following types of damages:
- Current and future medical expenses
- Rehabilitative therapy
- Disabilities, impairments, and disfigurement
- Loss of income and future earning capacity
- Loss of enjoyment of life
- Decreased quality of life
- Physical pain and suffering
Contact Our Experienced Product Liability Attorney in Hot Springs
If a dangerous or defective product has harmed you in Hot Springs, Arkansas, don’t hesitate to contact Rochelle McCullough, LLP. Our product liability attorneys have a strong track record of helping individuals secure the full compensation they need and deserve for their injuries. We will vigorously fight for you to receive the maximum compensation allowed by law.