All manufacturers have a legal responsibility to design, create, and sell products that are free of defects and safe for consumers to use. Unfortunately, manufacturers can sometimes overlook safety regulations or rush the manufacturing or testing process. As a consequence, products that can cause consumers injury manage to find their way into homes.
However, as a consumer, you have legal rights under Arizona product liability laws whenever you purchase a product. These laws ensure that manufacturers, wholesalers, and vendors are responsible for their product and any injuries that result from the proper use of the product. Product liability cases may relate to illness, injury, or death caused by improper label warnings, defective auto parts, dangerous toys, contaminated food, and more.
Generally, there are four kinds of claims that are associated with a product liability case:
Breach of warranty; categorized by when a manufacturer fails to maintain a claim regarding a product. Product liability laws require that businesses stand by or fulfill any statements or obligations they have promised to consumers.
Misrepresentation; categorized by when a manufacturer’s claims via advertising lead consumers to believe untruths regarding a product and that a product is safer than it actually is. Misrepresentation also includes whether a manufacturer distracted consumers from a product’s potential risks.
Negligence; categorized by when a product fails to provide the service that the consumer expects and causes injury.
Strict liability; which is categorized by when an injured consumer is able to establish that a product is defective, that it caused their injury, and that the product was extremely dangerous.
It is the responsibility of a manufacturer to inform consumers of a product’s defect if one is discovered. This can be accomplished by corresponding with consumers directly or by notifying federal agencies such as the U.S. Food and Drug Administration (FDA) or the U.S. Consumer Products Safety Commission (CPSC). Even if a product is found to be defective after its warranty has expired, this must be done, because the manufacturer is still responsible for the product’s risk, assuming the danger is posed by normal, intended use of a product.
If you have been injured by a product and believe it was because of a defect, schedule a free consultation with one of our product liability attorneys at The Breyer Law Offices P.C. We will help you determine whether you have a substantial product liability case against a manufacturer and will explain your legal options to you. Contact us today.