Manufacturers (as well as others in the commercial and industrial supply chains) are bound by a duty of care to those who use their products or otherwise come in contact with them. Generally, manufacturers are required to ensure that their products are safe to use as instructed. If a product remains hazardous in any way, manufacturers are required to provide clear and adequate warnings concerning the nature of those hazards.
Despite the existence of this legal duty of care, manufacturers and other supply chain participants often neglect their responsibilities. When that happens, people of all ages and abilities can get hurt. When injuries occur due to defects, inadequate warnings, and/or unreasonable dangers associated with industrial, consumer, or medical products, victims may be in a strong position to hold those responsible legally accountable for causing their harm.
Should You Speak with an Attorney?
As an experienced Scottsdale AZ, personal injury lawyer – including those who practice at Yearin Law Office – can confirm, injury victims often fail to seek legal guidance after experiencing products-related injuries because they’re under the assumption that nothing can be done for them. In reality, laws can help to hold manufacturers and other supply chain actors accountable for injuring consumers and workers. As a result, it’s important to speak with an attorney who practices products liability law about your situation, even if you’re unsure of whether any opportunities for legal and financial recourse are available to you. Depending on the nature of your circumstances, you could be entitled to significant compensation.
Please note that for legal purposes, a “product” could be anything from a piece of furniture to a medication, an auto part to an element of an industrial machine.
Personal Injury Lawsuits
Most personal injury cases, including some products liability matters, are tried under the general standards of evidence and proof that come into play in broader injury-related scenarios. In such cases, a victim (plaintiff) needs to prove that the party being sued (defendant) acted negligently, recklessly, or in an intentionally dangerous manner and directly caused/contributed to the causes of their harm as a result.
However, some products liability cases are tried under a theory of strict liability. Under this standard of evidence and proof, the responsibility for manufacturing a safe product is set so squarely “on the shoulders of” a manufacturer that a plaintiff doesn’t even need to prove that the manufacturer was negligent. All they need to prove is that the product was defective or unreasonably dangerous and caused their harm.
Work-Related Products Liability Cases
If you’ve been harmed by a product, machine, or substance while engaging in work-related activities, you may be eligible for workers’ compensation benefits. You can still sue for personal injury damages (as long as you’re not naming your employer as a defendant) if you’re eligible for workers’ comp. Therefore, you may be in a strong position to pursue two distinct kinds of compensation as a result of the harm you’ve suffered.