People rarely expect the products they buy to injure them. They might expect cheaply made products to break, but they don’t necessarily expect them to drive up the costs of their medical bills. If you’ve been injured by a poorly designed product, don’t hesitate to give us a call. Our Fayetteville product liability attorneys have more than 140 years of combined legal experience to offer your case. Let us see how we can help.
To get your case started, call us at (833) 600-0125 today!
U.S. citizens depend on manufacturers to ensure the safety of their products, and many companies do a great job of it. However, faulty products fall through the cracks, and unscrupulous individuals put profits ahead of the health and safety of their consumers. In order to sue a company for liability, you must prove negligence or strict liability. These claims could include design defect, manufacturing defect, or failure to warn or label.
Most claimants also only have three years from the date of the injury or property damage to file the product liability lawsuit. However, if you didn’t discover the injury until years later, the Arkansas discovery rule states the clock doesn’t start until you find out. For example, if a product you purchased was made with a material that causes cancer, and you didn’t discover the disease until years later, you would have three years from the discovery of your illness to file the liability suit.
Limits on Damages
Arkansas also uses a modified comparative negligence standard to prevent the award of damages where the plaintiff is fifty percent or more at fault for the accident. If someone is less than fifty percent at fault for the accident, the amount of your damages will be reduced in proportion to your degree of the blame. Arkansas also doesn’t follow the economic loss rule, so you can pursue a case even if the damage only happened to the product itself. You do need to prove the product was defective and that the flaw made the product dangerous to an unreasonable degree.
Contact Our Skilled Attorneys Today
Manufacturers should be held responsible for any product that could, or has, caused an injury or an illness to a consumer. If you were injured by a defective product, let our experienced personal injury attorneys help. Johnson, Vorhees & Martucci can look over your case in a free consultation and provide you with legal advice regarding the strength of your case. We also work on a contingency fee basis, meaning we don’t get paid until we can make a recovery on your behalf.
Contact us at (833) 600-0125 or fill out our online form to schedule your free initial consultation today.