Manufacturers have a legal responsibility to create products that are safe for consumers. Often though, a desire for expedient production and maximum profits leads to shoddy engineering, insufficient testing, and products that have the potential to cause serious harm to customers.
Product liability claims arise when a person is injured by a defective or otherwise dangerous product. In Arkansas, product liability claims are viable only if the resulting injury stems directly from a manufacturing defect.
Defective products or drugs can lead to considerable financial loss, serious injury, and even death. If you or a loved one was injured by a defective or otherwise dangerous product, contact one of our seasoned Jonesboro product liability lawyers today by filling out our free case evaluation form.
Types of Product Liability Claims
Product liability claims generally fall into one of four main categories described below: defectively manufactured products, defectively engineered products, marketing defects, and failure to warn or instruct.
Defectively Manufactured Product: A defectively manufactured product is one which contains a flaw not in its blueprint design, but rather in its individualized manufacturing. In other words, the defective product is different from the other ones on the shelf due to a unique error in its production.
As with any Arkansas product liability case, persons wishing to file a claim involving a defectively manufactured product must be able to show that there was a defect, that the defect caused their injuries, and that their own negligence did not play a part.
Defectively Designed Product: Defectively designed products are those with inherently dangerous or defective design models. Unlike defectively manufactured products, in which only singular instances of the product being faulty, products with a design defect contain an error in their engineering or blueprints. In these cases, the entire line of products is defective and/or dangerous.
Marketing Defects: Marketing defects claims typically involve products that have been falsely or incorrectly advertised. Most commonly, these types of claims are filed against pharmaceutical companies who advertise that a drug or medical product can be used in an unapproved and dangerous function, or a company that claims its product is safe when they are aware that it is not.
Failure to Warn or Instruct: Claims concerning the failure to warn or instruct are typically filed against manufacturing companies that neglect to provide adequate warnings, instructions or any otherwise necessary information about the product which deviates from the commonly marketed model. If the average customer believes a product should behave a certain way and it does not, the manufacturer has a responsibility to notify the customers of the difference to avoid problems.
What to Do if You Are Injured By a Defective Product
If you are harmed by a product, drug, or device, seek medical attention. Be sure to follow the instructions of your physician and keep follow-up appointments.
After you have received treatment, speak with an experienced personal injury attorney. Keep the defective product or drug. Be sure to also hold onto receipts and any dispensing, marketing, or other packaging that accompanied the product, as it can help to bolster your claim.
Our Jonesboro product liability attorneys can rapidly move to investigate your case, preserve evidence, and present your options for a legal claim. Product liability claims in Arkansas, or elsewhere, help to raise awareness of potentially dangerous products.
If you are hurt by a product, the chances are high that another person will be injured too. If you have been injured by a consumer product, we may be able to help. To learn what our Jonesboro product liability attorney may be able to do for you, fill out our free case evaluation form today.