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 (1) engaged in the business of manufacturing, assembling, selling, leasing, or otherwise distributing the product; (2) the product was supplied in a condition that rendered it unreasonably dangerous; and (3) 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.
Product liability claims may involve:
- Hazardous children’s toys, clothing, or other accessories
- Dangerous appliances which injure users or bystanders
- Pharmaceuticals or other healthcare products that cause dangerous side effects
- Medical devices which fail or cause serious injury
- Vehicles which are unsafe to operate
- Seat belts and airbags that do not work properly
- Dangerous and defective machinery and equipment
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 our 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 one of our product liability attorneys.
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.