phoenix, arizona personal injury attorney

Arizona Personal Injury Lawyer: A “Strict” Approach to Product Liability

Look for an Arizona personal injury lawyer when experience is needed concerning injuries that have occurred from a dangerous or defective product. Products that are dangerous or defective can potentially cause serious injury to you or a loved one. Consumers purchase products with the expectations that they will be free from harm, but products do occasionally break, fail, or function improperly resulting in serious injury. If the unfortunate should occur, and you or a loved one is injured by a product, it is important to seek out an experienced Arizona personal injury lawyer.

“Product liability” is a well-established area of the law throughout the United States. The most common claims associated with product liability are negligence, strict liability, breach of warranty, and various consumer protection claims. The federal government regulates some aspects of consumer product safety, but the laws affecting products liability are determined at the state level and vary widely from state to state. Thus, it is important to consult an experienced Arizona personal injury lawyer, who knows the Arizona product liability laws and who has extensive experience dealing with these types of claims.

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Look for an Arizona personal injury lawyer when experience is needed concerning injuries that have occurred from a dangerous or defective product. Products that are dangerous or defective can potentially cause serious injury to you or a loved one. Consumers purchase products with the expectations that they will be free from harm, but products do occasionally break, fail, or function improperly resulting in serious injury. If the unfortunate should occur, and you or a loved one is injured by a product, it is important to seek out an experienced Arizona personal injury lawyer.

“Product liability” is a well-established area of the law throughout the United States. The most common claims associated with product liability are negligence, strict liability, breach of warranty, and various consumer protection claims. The federal government regulates some aspects of consumer product safety, but the laws affecting products liability are determined at the state level and vary widely from state to state. Thus, it is important to consult an experienced Arizona personal injury lawyer, who knows the Arizona product liability laws and who has extensive experience dealing with these types of claims.

Under Section 102(2) of the Uniform Product Liability Act, product liability includes “all claims or action brought for personal injury, death, or property damage caused by the manufacture, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, or labeling of any product.” Manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Products that cause injury, and even wrongful death, range from toasters to children toys to motor vehicles and beyond. The list is endless. Any “product” that fails in some manner, while being used in a manner intended by or foreseeable to the manufacturer, can form the basis for a personal injury claim or lawsuit if injuries result.

Traditional product liability has fallen under the scope of basic negligence claims. More recently, the very nature of product liability has evolved and transformed into the concept of strict liability. Strict liability is the imposing of liability on a party without a finding of fault. Under strict liability, a person needs to prove only that the accident or injury happened and that the defendant was responsible. Strict liability claims focus on the product itself, rather than the behavior of the manufacturer. Under strict liability, the manufacturer, distributors, suppliers, or retailers are liable if the product is defective, even if they were not negligent in making that product defective.

Under the theory of strict liability, the manufacturer is held liable for allowing a defective or unreasonably dangerous product to enter the marketplace. The introduction of a defective or dangerous product into the marketplace brings each member of the product’s distribution channel into liability for negligence. The issue of strict liability is a matter of public policy. The theory of strict liability holds that manufacturers have the greatest control over the quality of their products and have special responsibilities in their role as sellers. Strict liability has had the effect of simplifying litigation and allowing the victim to become whole more quickly.

Products liability cases can be complex, so it crucial that you consult with an experienced Arizona personal injury lawyer to discuss your options. If you or a loved one has been seriously injured by a defective or dangerous product, contact an experienced Arizona personal injury lawyer at Zachar Law Firm. (602) 494-4800 or www.zacharassociates.com.

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Zachar Law Firm, P.C.
3301 E. Thunderbird Rd
Phoenix, AZ 85032
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