If you were hurt because of a dangerous or defective product, you may be able to hold the product manufacturer legally responsible. A Texarkana defective products attorney from the Morris Bart law firm can review your case with you and help you understand your rights. We manage defective product cases from our Miller County office.
The Morris Bart law office in Texarkana may be able to investigate your accident and pursue compensation for the expenses and losses you incurred because of your injuries. Our initial consultations are free, and we represent our clients based on a contingency fee. We only get paid attorney’s fees when we secure a financial recovery for our clients.
Compensation May Be Available in Your Texarkana Defective Product Injury Claim
When a company’s product fails and causes injuries, that company may be legally responsible for any expenses and losses. We can often file an insurance claim and negotiate a settlement for our clients based on this type of incident.
Alternatively, we may be able to sue the company and take them to trial. At trial, we ask the jury to award our client appropriate damages based on the costs and losses they incurred.
The compensation recovered in these cases could cover damages that include:
- Injury-related medical care, current and future
- Lost income and benefits if the victim missed work
- Reduced ability to earn if there are lasting injuries
- Property damages
- Miscellaneous expenses, with receipts
- Pain and suffering damages
- Mental anguish
- Other intangible losses
Taking Action if Your Loved One Died from Their Injuries
Ark. Code Ann. § 16-62-102 allows the personal representative or heirs of the deceased to file a claim or lawsuit and recover compensation based on the expenses and losses experienced because of their loved one’s death. We manage these claims for families who lost a loved one in Texarkana, Miller County, or elsewhere in Arkansas.
For a free legal consultation with a Defective Products lawyer serving Texarkana, call 800-537-8185
Building a Defective Products Case in Texarkana
In general, there are three ways a product can be defective:
Design Defect
When a product is poorly designed, it may break easily or fail when used and cause injuries. In some cases, the correct and normal use could cause a problem. The product manufacturer is generally the same company that designed the product, so it is legally responsible for design defects, although this is not always true.
Manufacturing Defect
Manufacturing defects occur when the product is safe and free from hazards in most cases, but something goes wrong when the manufacturer is making the product. This can affect all or some of the items produced. This could include using poor-quality materials, a problem with a particular part, or other concerns. When the product fails because of this defect, the user can suffer injuries. The manufacturer is generally legally liable.
Marketing Defect
A marketing defect could occur when the product is labeled incorrectly, missing warnings, instructions are unclear, or other issues lead consumers to use it incorrectly or in a way that could harm themselves. The manufacturer or distributor could be held accountable for marketing defects.
Manufacturers have a responsibility to consumers to ensure that their products do not cause unreasonable harm. Some industries must be more careful than others, but all corporations carry this duty to customers and others who come in contact with their products.
Because of this duty, manufacturers, designers, and distributors may be strictly liable for injuries and damages when an incident does occur. To hold them responsible, we must show that they made the product, it was used as expected, and an injury resulted. If we show the product was dangerous or defective, we can likely hold the company liable.
These cases can occur based on almost any type of product, but some products are naturally more likely to cause injuries when they fail than others. These cases most commonly involve:
Medical Devices and Medications
Defective and dangerous medical devices and pharmaceutical drugs can put users at an increased risk of injury or death because they do not treat the necessary condition and/or cause additional illness or injury.
Car Parts and Tires
Although most car accidents are caused by human error, defective tires or car parts could also cause collisions and injuries. Many remember the August 2000 recall of more than 14.4 million defective Firestone trucks and SUV tires in the United States after several tread separations led to injury accidents.
Children’s Toys
When children’s toys have defects, they may cause serious injuries. One of the most common ways this happens is when they break and small pieces are swallowed by babies or toddlers. Missing warnings and other marketing defects are also common on children’s toys.
Household Appliances and Tools
Design, manufacturing, and marketing defects can all occur with household appliances and tools, leading to injuries because the product fails or consumers do not use caution since warnings are missing.
Industrial Equipment and Machinery
When dangerous and defective products are used in the workplace or other industrial applications, a failure can result in serious, life-threatening injuries.
If we need to sue the liable party to recover compensation in your case, we only have a short time to get to work. Ark. Code Ann. § 16-56-105 provides us with up to three years to sue, but you should not wait until the last minute. There are many things we need to do to develop a strong case against the at-fault company and navigate the process for a successful settlement before we sue. Other factors may also shorten the timeline.
Reach Out to the Team of Arkansas Attorneys from Morris Bart
You can speak with a lawyer from our Texarkana office about your injury case for free today. We provide complimentary case evaluations for victims hurt by dangerous or defective products. We can determine your rights and options for pursuing compensation during this meeting.
Contact us now to speak with a lawyer in our Texarkana location who can advise you on your next steps.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
