Products Liability
A products liability claim arises when an individual is injured by a consumer product, typically a type of machine or device. Examples of product liability cases you may be familiar with include the Ford Explorer Rollover cases, the Firestone tire tread separation cases, and the Dalkon Shield intrauterine device cases.
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 a gun, car 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 warranties created by law.
If you have been injured by a defective product, it is imperative that you preserve the product, even if it has sustained significant damage in the accident that caused the injury. Failure to preserve the product can significantly impair your ability to successfully resolve your case. Under no circumstance should you turn the product over to the manufacturer or seller of the product or their insurance representatives without first consulting an attorney.
If you believe you have a products liability lawsuit, 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. Our attorneys have represented clients in cases involving 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.
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