SCHEDULE YOUR FREE CONSULTATION
(501) 372-6303
SCHEDULE YOUR FREE CONSULTATION
Individuals can seek compensation from manufacturers, suppliers, designers, or distributors if a defective product injures them. While product liability cases are a type of personal injury claim, they differ from other claims in distinct ways. Strict liability governs most product liability cases, and unlike other personal injury cases that require proving negligence, most product liability claims do not. In other words, a company can be held responsible even if it is unaware of the product’s dangers.
If a faulty product has harmed you or a loved one, you may be entitled to compensation. A Little Rock product liability lawyer could help assess your potential claims.
Arkansas Code Annotated §§ 16-116-201 et al. offers a dual approach to product liability claims. Consumers can file a claim based on strict liability or negligence. The nature of the case often determines the approach taken and whether a victim has to prove negligence.
Asserting that the product’s design itself is inherently dangerous is a design defect claim. For manufacturing defect cases, the design may be safe, but a flaw during production makes the product hazardous. In Arkansas, manufacturing defects also include cases involving failure to warn or improper instructions.
Proving negligence is not always necessary, but demonstrating that the product was defective and this defect directly caused the victim’s injury is. A Little Rock product liability attorney could assist victims in determining the best approach for their claims.
There are four main categories of product liability cases: design defects, manufacturing defects, failure to warn, and marketing defects. Each category requires its own specific evidence.
Design defect claims assert that the product’s design is fundamentally flawed. Although these products are not typically dangerous, their defective design makes them hazardous. For example, a hair dryer that ignites during everyday use could be classified as a design defect. One of the best-known examples of a defective design was the game Lawn Darts—even when used as instructed, the product was too risky to be marketed as a game for children.
Manufacturing defects arise when a product’s design is sound, but an error during production causes the product to malfunction. For example, a hair dryer’s defective sensor that does not shut it off when it overheats would be classified as a manufacturing defect.
Failure to warn claims argue that a product, while not flawed in design or manufacture, poses inherent risks and lacks proper warnings about those dangers. For instance, hair dryers should carry warnings about the hazards of using them near water. Failure to warn issues should be foreseeable. For example, a woman made the news for using Gorilla Glue in her hair instead of a hair product. Some people suggested she might have a product liability suit because the manufacturer did not specifically warn people not to use the glue in their hair. Since people do not usually use glue in their hair, most people would agree that this was not a foreseeable issue.
Marketing defects are similar to failure to warn cases but focus on how a product is presented. If the marketing promotes unsafe use of the product, it may be considered a marketing defect. For example, an advertisement showing someone using a hair dryer in a bathtub could be seen as a marketing defect. Going back to the example of Gorilla Glue, she would have a claim for marketing defects if the manufacturer had commercials showing it as a hair product.
Assessing the specifics of your product liability injury and recommending the most suitable type of claim is the job of a Little Rock lawyer. In some cases, multiple defendants may be involved, resulting in different claims against each party.
In many states, you cannot claim damages for purely economic losses in a product liability case—you must prove either physical injury or property damage. Arkansas does not follow this rule or even require additional economic loss. Victims can pursue a product liability claim even if the only damage was to the product in question. However, you still have to prove that the product was unreasonably dangerous or that its manufacture, distribution, marketing, or sale was negligent.
Due to the complexities involved in these cases, obtaining legal advice after a product-related injury is essential. A Little Rock product liability lawyer could assess your case, determine if you have a valid claim, and advise on the appropriate next steps. Contact our firm today.