Little Rock Product Liability Lawyers
Defective Product Attorneys Serving Little Rock and Beyond
There are more products in the market today than ever before. Before sending products into the marketplace, manufacturers have a duty to conduct safety tests to ensure their products are not unreasonably dangerous to consumers. While many manufacturers successfully root out defective products, others fail in their duty. Examples of defective products include faulty ignition switches in vehicles, pharmaceuticals with unintended consequences, toys containing dangerous materials, and poorly designed tires that lead to cars rolling over. If you or a loved one has suffered harm at the hands of a defective product, the Little Rock product liability lawyers at Nahon, Saharovich & Trotz may be able to represent you. With over 30 years of experience handling personal injury cases, our large regional law firm has the resources and capabilities to fight for your legal rights.
Product Liability Claims in Arkansas
We have all heard about well-known product liability cases of the past. They include a cup of coffee that was unreasonably and dangerously hot, a pharmaceutical company misleading the FDA about the safety of a painkiller, a soda bottle that exploded upon opening, and guns that fired even when the trigger was not pulled. Today, many product liability claims involve automobiles, such as unsafe or defective airbags that end up being subject to recall. Arkansas product liability laws define a “product liability action” as one brought on account of personal injury or wrongful death resulting from “the manufacture, construction, design, formula, preparation, assembly, testing, service, warning, instruction, marketing, packaging, or labeling of any product.” It is possible for product liability litigation to end up as a class action lawsuit or multidistrict litigation (MDL) in federal court. Our product liability attorneys can guide Little Rock residents through these complex cases.
How Products Can Be Unsafe or Defective
Courts typically recognize three distinct categories of product defects: defective design, defective manufacture, and defective marketing or failure to warn. A design defect occurs when there is an inherent flaw or error in a product’s design that renders it unreasonably dangerous. A manufacturing defect, on the other hand, occurs when a product departs from its intended design, rendering it unreasonably dangerous to the specific consumer who purchased or used the product. Finally, a marketing defect occurs when a manufacturer fails to properly warn the user about the risks involved in using the product. In pharmaceutical litigation, marketing defect claims are commonly asserted.
Generally, a manufacturer has a duty to warn where: (1) the product is dangerous; (2) the danger is or should be known by the manufacturer; (3) the danger is present when the product is used in a foreseeable manner; and (4) the danger is not obvious or well-known to the user. This duty extends to those who use or purchase the product, in addition to those who could reasonably be expected to be harmed by its use. While there are numerous ways to warn a user, warning labels attached to the product are the traditional method of satisfying this duty. However, even where a warning is provided, that may not be enough; a manufacturer may still be liable if the warning is not considered legally adequate. Our firm has access to experts who can review the circumstances of your situation and testify in court as to the adequacy of warnings given.
A plaintiff must have suffered damages to prevail on a product liability claim. Damages can include more easily quantifiable items such as loss of income, bodily injuries, and past and future medical bills. In addition, you may be able to recover non-economic damages, which include those that are more difficult to measure, such as pain and suffering, loss of enjoyment of life, loss of consortium, and loss of earning capacity. Many defendants in products liability cases attempt to shift the blame to the user, which could reduce or eliminate any chance of recovery. At Nahon, Saharovich & Trotz, our product liability lawyers can help Little Rock residents go up against manufacturers of all sizes, and we can utilize our resources to retain qualified expert witnesses to testify on your behalf.
Speak with a Qualified Product Defect Attorney Today
While some products liability claims are straightforward, many require expert witnesses and extensive investigation. Therefore, it is critical to retain experienced counsel to represent you. We understand the nuances of cases involving different facts and circumstances. The dedicated Little Rock product liability attorneys at Nahon, Saharovich & Trotz have recovered over $1.5 billion for our clients. We represent those in need throughout the Little Rock area, including North Little Rock, Bryant, Maumelle, Jacksonville, Perryville, and Wrightsville. For a free consultation with a personal injury lawyer, contact our firm toll-free at 800-529-4004 or complete our online form. Let us show you why NST is the way to go.