When you use a product, you don’t expect it to hurt you. Manufacturers of consumer products have duties to protect the safety of their customers. This includes following safety standards and design specifications to keep products safe. Still, consumers are injured every day by defective products due to manufacturer negligence and other errors. Product liability cases arise when manufacturers make mistakes. If a consumer product injured you, you could be entitled to financial compensation for your injuries.
The Salt Lake City product liability lawyers at Parker & McConkie Personal Injury Lawyers have used their many decades of combined experience to work hard for victims of defective products. If you have questions about what happened and what to do next, don’t hesitate to reach out to our office and learn more. Contact us, or call our law office at (801) 851-1202 now to schedule a free consultation.
How the Product Liability Lawyers at Parker & McConkie Personal Injury Lawyers Can Help After a Defective Product Injury in Salt Lake City
Defective products are all over, as proven by the number of product recalls corporations are forced to make at any given time. In some cases, recalls are issued, and the public is warned before anyone can be seriously hurt. However, if you were injured by a defective product without warning, you could seek monetary damages for your injuries and other losses.
Product liability cases can be complex and challenging without skilled legal help. Corporations that make consumer products have teams of lawyers, experts, and insurance adjusters on their sides to fight against consumer complaints. Hiring a dedicated Salt Lake City personal injury attorney can help even the playing field and give you a fair chance to receive the compensation you need after a devastating accident.
When you retain the Parker & McConkie Personal Injury Lawyers, we will:
- Carefully investigate the incident and the product defect that caused you harm
- Investigate whether the product was previously recalled, facing recall, or drew attention from the FDA
- Collect evidence to support your claim
- Hire experts to analyze the incident and prove your damages
- Estimate the total value of your claim
- Negotiate aggressively with insurance companies
- File a product liability lawsuit and handle your case in court
- Take your case to a jury trial whenever necessary
When compared with other personal injury lawsuits, product liability cases can be more complicated in terms of the evidence you’ll need to show. Our experienced product liability attorneys will do the hard work for you and make sure you are part of the process each step of the way. Contact our legal team to learn more and see what we can do for you today.
What is the Value of My Monmouth County Product Liability Claim?
A product liability claim will depend on the facts and circumstances involved, as well as your injuries. For example, if others were injured by the same defect as you, that could help prove liability and increase the worth of your own claim. Whether the defendant manufacturer is a profitable corporation or a struggling small business can also influence your claim’s value.
Factors affecting the value of a product liability claim in Utah might include:
- The specific product and defect
- Whether the manufacturer knew about the risk involved
- Whether the manufacturer should have known about the risk
- Your injuries and medical bills
- Any short-term or long-term disability suffered
- Your pain and suffering due to the accident
- Lost income and reduced future earnings due to the accident
- Whether you used the product as it was intended
- Any other factors unique to your claim
There is usually no set, predetermined value for your product liability damages. Contact a Salt Lake City product liability lawyer today to review your claim and what it could be worth.
How Much Does It Cost to Hire a Salt Lake City Product Liability Lawyer?
Most personal injury attorneys in Salt Lake City, including those at our firm, will work on a contingency fee basis in product liability cases. This fee arrangement allows accident victims to have quality legal help without paying substantial fees upfront. Instead, you pay attorney’s fees only if your lawyer wins a financial award in your product liability claim. If you lose your case, you pay nothing.
In a successful case, your lawyer will receive an agreed-upon percentage of your financial payout. Contact our legal team to learn more about contingent fees in product liability cases.
What Is Product Liability in Utah, and How Do I Prove My Case?
Those who manufacture, distribute, and sell consumer products have a responsibility to make sure their products are safe when they hit the market. Companies must warn consumers about known risks associated with the product if a product is inherently dangerous, such as a chemical product or piece of machinery. For a multitude of reasons, millions of American consumers are harmed each year by defective products made available to the public.
Companies that release products with known defects can face legal liability for injuries that happen due to the defect. This is especially true if they knew of a danger and failed to warn or label the product accordingly. Legal liability can lead to a monetary judgment or settlement award for injured plaintiffs.
Under Utah product liability law, a product can be deemed defective if it is “unreasonably dangerous.” This means that the product was dangerous to an extent beyond what an ordinary product user would contemplate. Courts would analyze a product’s regular use, characteristics, risks, and dangers compared with how regular consumers would be expected to use the product.
Some often-seen examples of product liability include:
- Dangerous toys and electronics
- Defective home appliances and power tools
- Defective medical devices such as defibrillators or joint replacements
- Pharmaceuticals that either have dangerous side effects or were improperly manufactured
- Cosmetic products with health risks
- Defective auto parts such as tires, car seats, airbags, brakes, and other systems
- Defective or dangerous workplace machinery
- Contaminated food products
In Utah, understanding product liability and the steps to prove your case is crucial for holding manufacturers and sellers accountable for defective products
Types of Product Defects in Utah
Utah law recognizes three main types of product defects for which consumers can bring claims.
Manufacturing Defect
A manufacturing defect exists when a product deviates from either its normal design specifications or its regular performance standards. In this situation, most other models of the same product did not have the defect in question, but the product involved in the incident was defective, causing injury. A plaintiff in a manufacturing defect case must also show that negligence played a role in the manufacturing defect. For example, if a product’s schematics call for a certain material to be used in a certain way, and the manufacturer fails to do so, this careless mistake can cause manufacturing defects and consumer harm.
Defective Design
A product is designed defectively in two situations, typically:
- When a product’s risks outweigh the benefits for its users
- When a product could have been designed in a way that would have lessened the risk to consumers, but it was not
Defective design cases depend on the facts involved and are highly contested by manufacturers. Experienced Utah product liability lawyers can navigate a defective design lawsuit to advance their client’s argument that the product’s designer should be liable for injuries suffered.
Failure to Warn
Product liability claims can also involve a “failure to warn” theory. In this scenario, an injured plaintiff will need to prove that a company knew about a product feature that risked danger to consumers but failed to warn product users of the risk. For example, if a manufacturer knows that a certain hair dryer can overheat and cause injuries if used in a certain way, the product must at least contain a warning of potential harm.
We’ll Fight to Recover Compensation for Your Injuries in a Utah Product Liability Claim
Common injuries in Utah product liability claims can include:
- Burns
- Broken bones
- Lacerations
- Soft tissue injuries
- Concussions
- Traumatic brain injuries
- Spinal cord injuries
- Neck and back injuries
- Nerve damage
- Vision loss
- Hearing loss
- Long-term illness due to chemical exposure
- Respiratory damage
- Worsened conditions caused by defective medical devices
- Catastrophic injuries
- Wrongful death
If you or a loved one suffered any type of injury due to a defective product, our Salt Lake City personal injury attorneys will help you file a product liability claim and seek fair compensation.
What is the Deadline for Filing a Product Liability Lawsuit in Utah?
The statute of limitations in Utah for a product liability claim is two years from the date of the accident or two years from when you discovered or should have discovered your injuries. For example, if a product explodes and causes immediate injury, the statute of limitations runs from that date. On the other hand, if a defective hip implant harmed you, you might not know the implant was defective until months or years after your hip replacement surgery. Your attorney will advise you on your situation and file your lawsuit promptly.
Our Salt Lake City Product Liability Lawyers Can Help You Today
If you or a loved one were injured due to a defective product, you should not bear that burden on your own. You could have important legal options if you were hurt due to a negligently created product. The experienced Salt Lake City product liability lawyers at Parker & McConkie Personal Injury Lawyers are here to help you navigate a product liability claim. Call us today to schedule your free consultation.
