Little Rock Product Liability
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.
Most car accidents are preventable and occur as a result of errors by one or more drivers. To prove liability, you will need to establish by a preponderance of the evidence that the driver owed you a duty of care, which was breached, and that your injuries resulted from the driver’s carelessness. Damages that may be available in these cases often include medical expenses, lost income, mental anguish, loss of consortium, and pain and suffering.
Truck drivers are required to follow numerous detailed regulations, including rules related to hours of service, keeping a logbook, and maintenance procedures. Many of these regulations are intended to protect other people on the road from harm. In some states, if a driver violated a law that was enacted to protect the public, the violation can create a rebuttable presumption of negligence. Trucking companies are also required to follow a number of regulations, including rules related to background checks of drivers and proper supervision. They often may be held directly or indirectly liable for a truck accident.
The Social Security Administration (SSA) evaluates applications for disability benefits. Although many people pay into this system throughout their lives, many legitimate claims are initially denied, and this process may be less straightforward than claimants expect. The SSA uses a five-step sequential evaluation to determine whether to grant benefits to an applicant. Each step is considered in a set order. We can present your case in a persuasive manner and help you appeal a denial of a meritorious claim if needed. This could include representing you in a hearing before an administrative law judge.
Workers’ compensation functions slightly differently in each state. In Tennessee, for example, businesses that employ five or more employees must carry workers’ compensation insurance. If you are injured on the job, you may recover benefits, such as medical costs and disability. Neither your employer’s nor your own culpability for your injuries will prevent you from collecting these benefits. However, it may still be a struggle to obtain benefits from your employer’s insurer. We can help you navigate this challenging process.
If you were harmed by a health care professional’s failure to use the appropriate level of care in providing treatment to you, you may be able to recover compensation. Most medical malpractice lawsuits require retaining an expert to determine the accepted standard of care and explain what the defendant did that fell short of this standard, as well as how the inappropriate conduct caused the patient’s injuries.
When you buy a toy, car, medication, or other product, you do not expect to be hurt. If you are injured, you may have grounds to file a product liability lawsuit. There are three types of defects that may be actionable: manufacturing, design, and marketing (also known as failure to warn). Manufacturers may be held accountable under multiple different theories, including strict liability, negligence, breach of warranty, and concealment. For example, if you take a drug that causes you to develop cancer, but you were not told that a potential side effect of the drug was developing cancer, you may have grounds to hold the manufacturer strictly liable for its failure to warn you of the risk.
Nursing home residents are often elderly or disabled, and thus they are especially vulnerable to neglect, physical abuse, and exploitation by staff members. Unfortunately, many nursing homes are understaffed or employ staff members who are inadequately trained to deal with potentially frustrating situations. Nursing homes are required to protect their residents from physical, mental, and emotional harm by providing a safe environment, as well as adequately training and supervising staff. A failure to do so may be grounds for a nursing home negligence lawsuit for damages.
Property owners have a duty to keep their property reasonably safe. In most situations, this includes an obligation to inspect the property for dangerous conditions and fix them or provide warnings about them so that visitors are not harmed. One type of dangerous condition, which may present a particular problem in apartment complexes or shopping centers, consists of inadequate security measures such as broken locks, poor lighting, or a lack of security guards. A failure to take security measures when appropriate may allow third-party criminals to assault, rob, rape, or otherwise harm visitors and tenants. You may be able to recover damages if you can prove that the defendant knew or should have known about a history of attacks similar to yours and taken appropriate security measures to reduce the risk of further incidents.
Consult a Personal Injury Lawyer in Memphis or the Surrounding Regions
If you are dealing with a devastating injury or medical condition, the Memphis personal injury attorneys at Nahon, Saharovich & Trotz can evaluate and explain your options. Our firm has 30 attorneys and more than 100 staff members, and we serve injured people in many areas of Tennessee, Mississippi, Arkansas, Missouri, and Kentucky, including Memphis, Nashville, Knoxville, Chattanooga, Jonesboro, Little Rock, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Hayti, and Caruthersville. Contact our office toll-free by calling 800-529-4004 or by completing our online form to set up a free consultation with a personal injury, workers’ compensation, or Social Security Disability lawyer. Once you have learned more about our vigorous advocacy for the rights of the injured, you will realize that NST is the way to go.