Every year, thousands of Americans become seriously injured after using a dangerous or defective consumer product. Victims of defective products have a right to bring a product liability lawsuit against the designer, manufacturer, or retailer of the product that caused her injuries. Product liability claims range from defective automobile parts to dangerous children’s toys.
Have you or your loved one been seriously injured due to a defective product? If so, you may be able to recover compensation through a product liability lawsuit in Arkansas. Attorney Bryce Cook, an experienced personal injury lawyer, understands how to investigate claims involving dangerous and defective products. He has a proven track record of obtaining compensation on behalf of his clients. Contact the Law Offices of Bryce Cook today to schedule your initial consultation.
How a Jonesboro Product Liability Lawyer Can Help You
Product liability cases are among the most complex types of lawsuits. When you have become injured in a product liability accident, you need a lawyer who will devote the time and energy to your case to succeed. During the discovery phase of the lawsuit, your attorney will investigate the product that caused your injuries and take depositions of the product manufacturer, distributor, and retailer.
Attorney Bryce Cook will take the time to thoroughly investigate your claim and gather evidence to build a strong product liability case on your behalf. The more evidence we gather in your favor, the better settlement agreement or verdict we can work to achieve on your behalf. When multiple entities are liable for your injuries, we will hold them responsible by naming them as parties in your lawsuit. The sooner you contact us, the sooner we can begin building your case.
Types of Product Liability Cases
Any consumer product that people operate can be defective. When companies are negligent during the manufacturing or retail process, consumers bear the burden of becoming injured by consumer products they assume are safe. Are you wondering whether you have a valid product liability claim in Arkansas? If so, attorney Bryce Cook can answer your questions during your free initial consultation. Some of the most common types of product liability claims involve the following:
- Defective toys
- Defects leading to electrical fires
- Defective baby products
- Defective construction equipment
- Defective automobiles
- Dangerous pharmaceuticals
- Defective medical devices
- Defective aircraft issues
- Defective appliances
Strict Liability Claims in Arkansas
In Arkansas, product liability claims can be based on either strict liability or negligence, two different legal theories. In a strict liability case, the plaintiff doesn’t need to prove that the defendant was negligent. On the contrary, the plaintiff only needs to show that he or she suffered an injury after using the products in the manner in which they were intended to be used
Strict liability only applies when the product that caused your injury was inherently dangerous, such as flammable products, hazardous chemicals, the use of explosives, and medical devices that can lead to infections. In strict liability cases, the plaintiff will need to prove the following three elements:
- The product was unreasonably dangerous when the consumer bought the product
- The defendants expected to sell the product on the market without making changes
- The plaintiff became injured by the product
Strict liability cases may seem like they are easier to win a court. However, there are exceptions to Arkansas’s strict liability rule. Additionally, most large manufacturing and retail companies have defense lawyers who regularly defend against these types of product liability claims. Attorney Bryce Cook will anticipate these legal defenses and effectively counter them.
Suppose the product that caused your injury was not inherently dangerous. Instead of using the legal theory of strict liability to win your case, you will need to prove that the manufacturer, distributor, or retailer acted negligently. You will also need to prove that the defendant’s negligence caused your injury.
Consumers can hold manufacturers financially liable for negligence when the manufacturer failed to practice reasonable care in the production, design, or product. When retailers make false claims or conceal hazards to the consumer, the consumer can hold them liable.
Finally, retailers have a legal obligation to warn consumers of dangers associated with the product. When the defendant used a defective design, made a dangerous error during the manufacturing process, or failed to provide an adequate warning, victims can hold them accountable in court.
Compensation Available in a Product Liability Lawsuit
Suffering a serious injury is devastating and can be life-altering for many. Many of our seriously injured clients are unable to return to work due to their injuries. Even engaging in everyday tasks like getting dressed and doing simple chores can become painful and difficult. Succeeding in a product liability lawsuit can help you recover financial compensation so you can provide for yourself and your family.
Product liability plaintiffs are entitled to economic and non-economic damages. Economic damages include all of the medical expenses associated with your injury. If you need to live in an assisted living facility or require in-home health assistance, these expenses will be included in your economic damages. You can also calculate how much medical care you’ll need in the future and request that amount.
Plaintiffs are also entitled to compensation for their lost wages. When plaintiffs have become injured by a product to the extent that they can no longer work, they can recover compensation for their future earnings loss. They can also recover any costs associated with property damage to their home or car caused by the defective product. Finally, plaintiffs are entitled to non-economic damages for the pain and suffering they’ve endured from their injury.
Contact Our Jonesboro Product Liability Lawyer
At the Law Offices of Bryce Cook, we offer potential new clients free initial consultations. We will evaluate your case and answer any questions you have about the process of filing a product liability lawsuit. We will handle the entire process for you so you can concentrate on your recovery. Contact us today to schedule your initial consultation to learn how we can advocate for you.