Little Rock Product Liability Lawyers
Helping Arkansas victims and families hold manufacturers and sellers liable for product defects
Makers of electronic products, vehicles, drugs, toys, consumer products, equipment, and other items have a duty to ensure that their products are safe. Lawsuits against manufacturers, distributors, and anyone who profits off the sale of defective products send a strong message to businesses to test their products and to use quality designs and parts before marketing them.
At Bailey & Greer, PLLC, our Little Rock lawyers have a strong track record of success trying and settling product liability claims. We have earned this strong track record by thoroughly investigating the defective products and the circumstances surrounding the accidents, and by having a full understanding of your injuries or the deaths of loved ones. We work with product safety experts to prove products are defective. We work with your doctors and independent physicians to verify and explain your medical challenges and pain and suffering.
Types of product liability claims
Manufacturers, distributors, and sellers are held to strict liability standards rather than negligence standards. This means that companies who sell products can be held liable for deaths and injuries if their product was defective, and the defects caused injuries or death. There are three different types of product defects:
- Defective designs. The design is the overall blueprint for the product. Defects can include engineering flaws, chemical flaws, and other design flaws. Design defects can also include the way the product is packaged. For example, drugs should generally be sold in childproof containers.
- Defective manufacturing. This defect can be the result of failing to follow good design plans when making the product. Manufacturing defects can be caused by using cheap or sub-quality parts. These defects can also be due to continuing to manufacture when it’s clear the original design needs improvement.
- Marketing and instruction defects. The manufacturer has a duty to include clear and proper instructions on how the product should be used. Mechanical instructions for furniture, for example, should be clear. Prescription drugs should come with appropriate FDA and company warnings to clearly identify the risks of the drugs and when they shouldn’t be taken with other drugs. Failure to warn users of known risks is considered a product defect.
There is no requirement to show the manufacturer failed to test their products or failed to build their products according to industry standards. If the product had a defect and that defect caused harm, the makers and sellers of the product can be held liable.
In many cases, experienced Little Rock product liability lawyers assert that those responsible should be held liable based on the three theories:
- Strict liability for the product defect
- The breach of any warranties provided with the sale of the product
- Negligence in the way the product was made, prepared, or sold.
It’s generally only necessary to prove one of these theories.
When numerous people are injured or killed due to the same product, a class action lawsuit against the makers and sellers of the products may be justified.
Who is liable in a Little Rock product liability claim?
Part of the legal skill required in product liability cases is determining all the liable parties. Any of the following parties might share in the fault:
- The manufacturer. The starting point for most product liability cases is the manufacturer. This is the company that designed and made the product for independent use or for use in another product. In some cases, multiple manufacturers may be liable. For example, companies that make car tires can be held liable if the tire blows out. The carmaker that installed the tires can also be held liable for the same car accident. In addition, many companies are owned by other companies. It requires skilled lawyers to determine all the makers and owners of the product.
- The distributor and wholesaler. While these companies often only ship or store the products, in some cases they can be held liable for defective products in the same way a manufacturer can.
- The retailer. Even though they may only sell the product and don’t make it, they can be held liable for any deaths or injuries due to defective products as well.
In some cases, the person who is hurt by a defective product does not need to be the one who bought the product to be able to file a strict liability claim. This can be true, for example, in a situation where you’re involved in a vehicle accident caused by defective brakes on someone else’s vehicle. Our product liability attorneys can explain these types of circumstances in more detail.
Damages in product liability cases in Arkansas
Survivors of air bags that don’t work, electronic devices that shock someone, patients who become ill due to a drug, or anyone who is injured due to any other defect can claim the following personal injury damages:
- Payment for all medical bills. This includes surgeries, doctor visits, treatment for physical problems with physical therapists and other therapists, and treatment for any psychological difficulties. It also includes the cost of medications and medical devices.
- Payment for lost income. This includes damages through the date of the settlement or verdict and any future wage losses due to an inability to work.
- Physical pain and emotional suffering. This is compensation for the daily aches, pains, worries, and anxiety over your injuries.
In some cases, punitive damages may be awarded if it’s clear the makers of the products didn’t care about what injuries people might suffer. Punitive damages are meant to punish the wrongdoer.
In death cases, the family survivors (generally the spouse, children, and parents of children) can file a wrongful death claim. Wrongful death damages in Arkansas include the damages that the decedent would have been due if he/she survived for any amount of time, the funeral bills, and any medical costs. The damages the family is due because of the wrongdoer’s liability are generally the loss of financial and emotional support the family members lost because the loved one died.
How experienced Little Rock product liability lawyers work for victims and families
When an accident happens due to a defective product, experienced Little Rock attorneys:
- Examine if there were other accidents due to the use of this same product
- Review all the online and print marketing materials related to the product
- If possible, examine the defective product
- Examine similar products
- Determine if there were any witnesses and what they have to say
We also work with our clients to:
- Determine your understanding of what happened
- Review your medical conditions with your doctors
- Document your pain and suffering on a regular basis
- Obtain medical reports and testimony from your physicians
- Obtain records documenting your time off from work
- Understand how your injuries affect your spouse and family members
Our preparation of your case varies depending on the type of defective product.
Speak with experienced Little Rock product liability lawyers today
At Bailey & Greer, PLLC, our team of lawyers and staff have been fighting for product liability victims and families for 30 years. We move quickly to determine how and why the accident happened. We conduct extensive oral, written, and document discovery to help prove your claim. Our compassionate lawyers put your needs first. We guide you through the litigation process. We work to settle your claim when insurance companies are fair. We’re ready to try your case in court when insurance companies are unreasonable. Please call us at 901-475-7434 or fill out our contact form to schedule an appointment.