They Didn’t Think of That?! Defective Design Claims in Arizona
As consumers, we hope that the products we purchase are designed with safety in mind. However, that is not always the case. In fact, thousands of defective products get recalled every year. And if a product that was poorly designed causes you injury, you might be eligible to sue for damages. This overview will help you understand more about design defects and what you need to do to file a product liability claim in Arizona.
Design Defects Can Cause Injuries and Even Deaths
When a facet of the fundamental design of a product creates an unreasonable risk of injury or death, you may be able to sue the manufacturer. However, to qualify for defective design in a personal injury lawsuit, the product in question must have been manufactured to specifications and used as intended. This means that there were no manufacturing defects, and you were not using the product recklessly. If there was any reckless behavior involved in the incident, you will not be able to file a personal injury claim.
Examples of Defective Design
- A power tool has a safety guard that does not function as intended, because a flaw in the design made it too short.
- A fan’s guard grate is designed with spaces large enough to allow a person’s fingers to get caught in the spinning blade.
- The design of a toy uses toxic paint that is dangerous when the protective sealant is rubbed off. However, the sealant is easily worn away with normal play, making the toy dangerous.
Evidence Is Essential in Defective Design Cases
In order to pursue a defective design claim, you will need to prove that the design of the product was responsible for an injury or death. The incident must also have happened within two years of filing suit.
Gathering evidence is the most important step in starting a defective design personal injury claim. If you or a family member has been injured or a death occurred because of a defective product, starting to collect evidence right away can help you win your case. The more evidence you have regarding the incident, the better your chances of success.
How to gather evidence for a defective design claim:
- Keep the defective product and document its faults with pictures and/or videos.
- Collect and keep any packaging, manuals, or warnings related to the product.
- Gather witness statements from anyone who was around when the accident occurred.
- Collect and keep all medical records related to the injury or death.
Filing a Personal Injury Lawsuit in Arizona
Gathering evidence, filing a claim, calculating the damages, and going to court is a daunting task. That is why it is important to have an experienced personal injury lawyer to back you up. A lawyer will help you better understand your chances of winning, and help you collect the evidence that you need to support your case.
If a poorly designed product ruined your life, winning a defective design liability suit can help you become whole again. At Van Norman Law, we have the experience and knowledge needed to help you get the most out of your claim. Contact us today to schedule a consultation.
Images used under creative commons license – commercial use (11/26/23). Photo by Scott Graham on Unsplash.