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Product Liability

What Happens When an Accident is Caused by a Defective Product in Yuma?

— December 16, 2021

After the victim is injured, they should seek medical treatment and notify any relevant insurance provider to file a claim if necessary.

Yuma, AZ – As a general rule, a manufacturer is financially responsible for any losses or injuries caused by their defective products. This is an area of the law called products liability. Many people know of product liability issues from recalls of motor vehicles and certain parts that are likely to hurt or kill someone during an accident if they are not replaced. However, there are many other products that are taken off of the market or recalled when serious problems are noticed during their normal, intended use. 

Why is the manufacturer liable?

As a general rule, companies should invest in testing and safety features to ensure that members of the public are not harmed by a product that is assumed to be safe. For this reason, there are strict liability laws that make the manufacturer pay for the losses of people who used their products during normal, intended uses. If companies were not held accountable for these kinds of injuries, there would be a great danger to the public from businesses that could release dangerous items without any repercussions.   

How much does the manufacturer have to pay the victim?

Just like in standard negligence cases, products liability lawsuits must list specific damages that were endured by the plaintiff. This can include property damage, medical costs, non-economic costs of pain and suffering, lost income and wages, and punitive damages if the defendant acted recklessly or maliciously. The total amount of compensation available to the victim through a settlement or jury verdict will tend to increase if they were severely hurt or sustained a life changing injury. Plaintiffs with minor or moderate injuries tend to not receive very large amounts of compensation, although any victim should consult with their lawyer about specific damages available. 

How does a products liability lawsuit start?

People performing first aid on an injured man; image by Daniela Santos, via
Image by Daniela Santos, via

After the victim is injured, they should seek medical treatment and notify any relevant insurance provider to file a claim if necessary. In an auto accident, the insurance claim process will provide evidence and start a relevant investigation. Once the person has received treatment and notified the proper authorities, they can meet with a lawyer to discuss what happened. If there is an agreement on representation, the lawyer will draft a complaint that outlines the facts surrounding the injuries, why the defendant company is responsible, and a list of the victim’s damages or losses.  

More information from a local accident attorney in Arizona

Schneider and Onofry is a firm that handles accident lawsuits in Yuma, Arizona. Anyone who has been injured and needs to contact an attorney can get in touch with their office to receive personalized advice. 

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