When we mention “defective product lawsuits,” you probably think of infamous examples like the McDonald’s coffee case. But it’s no laughing matter: defective or dangerous products injure thousands of Americans each year. These injuries are often severe, permanent, or even deadly.
What kinds of defective product claims can you make in Arkansas?
You may file a lawsuit in Arkansas based on 3 different types of defective product claims.
Manufacturing defects are perhaps the most obvious type of product liability claim. Manufacturing defects occur while the product is being produced, usually in a factory. Food recalls are often due to this type of defect; if nuts are added to a product marked “nut-free,” this manufacturing defect makes the product unsafe for any person with a nut allergy. Manufacturing defects may apply to a large group of products, as we often see with car recalls, or to only one or a few individual products.
Design defects may also cause serious injury to consumers. Unlike manufacturing defects, where the product would be safe if a mistake had not been made during production, a product with a design defect is inherently dangerous, no matter how well it is manufactured. An oven mitt that melts when it comes into contact with a hot pan, for example, has a design defect. Even when used as directed, the consumer may still be injured by the product.
Finally, a marketing defect occurs when a company or marketer fails to provide adequate instructions or warning labels for a product. If you were severely burned by the steam valve on a pressure cooker because there were few instructions or no warnings included, for example, you might file a defective product claim. Marketing defects occur when a product is safe when used correctly, but when the consumer doesn’t have the necessary information to operate it correctly.
When it comes to product liability in Arkansas, do you know your legal rights?
In Arkansas, there is a 3-year statute of limitations on defective product claims. You have 3 years from the date of the accident or injury in which to file a lawsuit. However, Arkansas also has something called the “discovery rule,” which states that clock doesn’t start ticking until you knew, or “discovered,” the connection between the product and your injury.
The standard in Arkansas is “modified comparative negligence.” Here’s what that means:
If the judge or jury determines that the plaintiff shares more than 50% of the fault for the accident, then he or she will not be awarded financial compensation (called “damages”). If you are less than 50% at fault for the accident, than you can be awarded damages, but it will be reduced based on the percentage of the accident that was your fault. For example, if a judge believes that you were 25% to blame for the injury you received from a product, then your $1 million verdict will be reduced, by 25%, to $750,000.
What should you do if you think you have a defective product claim?
If you’ve been injured by a product through no fault of your own, it’s important that you speak with a skilled personal injury lawyer. Because defective product lawsuits are often portrayed as “get rich quick” schemes, many people hesitate to pursue legal action. But if a company’s design, manufacturing, or marketing defect has caused pain for you or your loved ones, you have the legal right to pursue compensation.
Companies and manufacturers have a responsibility to protect the safety of their consumers to the best of their ability. If they fail to do so, you have the right to hold them accountable.
Find a defective product lawyer at Taylor King Law.
An experienced Arkansas attorney will be your most valuable asset if you’ve been hurt by a defective product. Don’t wait any longer to ask for help; because of Arkansas’s statute of limitations, there’s no time to waste in starting your claim. At Taylor King Law, we’ll listen to your story, ask important questions, and give you our professional opinion on your case – all for FREE in our no-obligation consultation.
You can call our toll-free number at 1-800-CAR-WRECK (227-9732). We answer your calls 24/7. You may also want to visit our website and submit an online form at www.taylorkinglaw.com, or download our free Taylor King Law app for expert service at your fingertips.
You can trust us to be On Your Side, By Your Side through every step of your product liability claim.
Click HERE for Part II of Defective Product Liability blog.