We trust that the things we buy will work the way they are supposed to: car parts, tools, appliances, children’s products, and medical devices. When a product fails in a way it should not and someone gets hurt, the law may hold the companies that made or sold it responsible. These cases are different from other injury cases, and the first steps matter a great deal.
The most important step: keep the product
In a product case, the product itself is often the key evidence. If you can do so safely:
- Keep the product and all its parts. Don’t try to fix it or take it apart.
- Don’t return it to the store or send it to the manufacturer without getting advice first.
- Keep the packaging, instructions, warnings, and receipt.
- Write down where and when you bought it, and the model and serial numbers.
- Take photos of the product and of where the injury happened.
A company may offer to replace the product if you send the old one back. Think carefully before doing that.
Arkansas product liability law
Under Arkansas law, a supplier of a product can be held liable if the product was supplied in a defective condition that made it unreasonably dangerous, and that defective condition caused the injury (A.C.A. § 4-86-102). This kind of claim focuses on the product, not just on whether the company was careless. Claims can also be brought on other theories, like negligence or breach of warranty, depending on the facts.
Kinds of defects
- Manufacturing defects: something went wrong when this particular item was made, so it is different from the others.
- Design defects: the product’s design itself is unreasonably dangerous, so every unit carries the risk.
- Warning defects: the product did not come with adequate instructions or warnings about a danger that was not obvious.
Who may be responsible?
A product passes through many hands. Depending on the facts, a claim may involve the manufacturer, the maker of a component part, a distributor, or the seller. Figuring out who made each part and how it reached you is often a big part of the work. These cases usually require experts who can examine the product and explain how it failed.
Recalls
A recall can be important information, but it is not required for a claim, and it does not prove a claim on its own. If you know of a recall or complaints about the product, write them down for our meeting.
Fault and deadlines
A company may argue that the product was misused, changed after it was sold, or not maintained. Arkansas’s comparative fault rule can reduce your damages by your share of fault, and if your fault is equal to or greater than the defendant’s, you recover nothing (A.C.A. § 16-64-122). Deadlines in product cases can be different from other injury cases. Don’t wait to get advice.
Common questions
The product was destroyed in the accident. Do I still have a claim?
Maybe. It can make things harder, but photos, receipts, records, and other units of the same product can sometimes help.
Was I injured by a defective car part?
Product questions sometimes come up in vehicle crashes, such as failed brakes, tires, or airbags. See my car accident page for the crash side of those cases.
For general information about injury claims, see my personal injury page.
Hurt by a product in Northeast Arkansas?
Call my office at 870.525.2191. Our phones are answered 24 hours a day, and Sara Beth or I will call you back. Office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m., at 721 W. Matthews Ave in Jonesboro. You can also request a consultation online. Consultations are free and usually last about 30 minutes, and I’ll explain how fees work for your kind of case before you decide anything.
This page is general information about Arkansas law, not legal advice for your situation.