Product Liability
Reviewed by Kara H. North, Managing Attorney at Moxie Law Group. Reviewed March 22, 2024.
If you were injured by a defective or dangerous product in Utah, you may be able to hold the manufacturer or seller responsible for your injuries, and Moxie Law Group’s product liability lawyers know how to build these cases. We work on contingency, so you pay nothing unless we win.
Product liability claims can arise from a design flaw, a manufacturing defect, or a failure to warn about a known risk. These cases often pit you against large companies and their legal teams, which is why evidence and expert analysis matter so much. We preserve the product, document the defect, and pursue every party in the chain that put it in your hands.
The Leading Product Liability Lawyer
Product Liability Lawyers
When you’re injured due to a fault in a product, do you know where to seek compensation? Most people are confused about where to even start the process of filing a product liability claim and, with medical bills piling up, they may be even further overwhelmed by loss of income, and maybe even loss of earning potential. Many people fail to understand just how indispensable personal injury attorneys are in keeping products safe for their consumers. A personal injury attorney can lead the investigation needed to find out who is at fault for any defects in the products. The basis for a product liability claim is typically the presence of a defective condition that makes the product unreasonably dangerous for its intended use. Many product liability cases are based on strict liability, meaning the manufacturer or seller can be held responsible for a defective product regardless of intent or negligence.
Product defects can happen at any stage during the manufacturing process, production, and distribution process. This means that the liability can fall anywhere from the very top of the supply chain, all the way down to the very bottom of the supply chain. Defects may arise during production, and it is important to focus on identifying the specific point in the process where the defect originated. And, tragically, nobody wants to take responsibility for their contribution in creating an unreasonably dangerous product. Perhaps the incorrect installation of a product caused the product to be dangerous. Or, the product could be dangerous because it was assembled poorly or incorrectly. Anyone can be liable during the creation of a product so you may need to hire an attorney to see where the error happened.
For the most part, there are three different types of product defects: design defects, manufacturing defects, and marketing defects. Identifying the specific type of defect is crucial in building a legal case. A defective design refers to inherent flaws in the product’s concept that make it unsafe from the outset. In order to file a product liability case, you must prove that the product was defective, and that the defect caused your injuries. A design defect may happen if a product was poorly designed. Manufacturing defects can happen if a product was assembled incorrectly, or manufactured defectively. Marketing defects can cover a wide variety of things. If the safety warnings are not thorough enough, or if the instructions are too vague or missing, you may have a claim.
If you have questions about product liability, a qualified attorney can help you get answers. Thousands of people are injured every year due to faulty products and, oftentimes, large corporations do not want to spend the money to recall the products. This results in working class citizens across the country becoming injured because big businesses wanted to save a few dollars. These companies who make faulty products at the expense of their customers are hiring top attorneys to represent them in a case against you. If you have been injured by a company’s faulty product, you need a lawyer who will advocate for your rights. You need an attorney who will look out for you while big corporations are looking out for themselves.
If you have been injured by a faulty product, Moxie Law Group is here for you. Moxie Law Group is one of Utah’s first female-led personal injury firms and we’ve now expanded into Texas. We specialize in aggressively fighting for the rights of those who were injured due to the negligence of others. Our firm is committed to investigating claims of product liability with empathy, integrity, and tenacity. If you need help with your product liability claim, Moxie Law Group is here for you.
“What Do Product Liability Attorneys Do?”
Product liability attorneys handle claims involving injuries caused by dangerous or defective products. Product liability attorneys may pursue claims based on negligence, which involves proving that the manufacturer or seller failed to exercise reasonable care in the design, manufacture, or marketing of the product. When defective products injure consumers, experienced product liability lawyers work to recover compensation for consumers who have sustained injuries caused by an unreasonably dangerous product. These knowledgeable attorneys help the consumer hold large corporations responsible for the injuries their products cause.
“Why Do We Need Product Liability Lawyers?”
When it comes to dangerous products, companies don’t always do the right thing. Defective products can pose a real danger to consumers, exposing them to serious dangers that can hurt or injure them. In fact, it’s not uncommon for companies to choose not to take action even when they know that there’s a chance their product is dangerous. In very large companies, they may have discovered that there is indeed a safety risk associated with their product. However, they’ve calculated the cost of the potential product liability lawsuits, and they’ve decided that it is likely cheaper to pay the product liability lawsuits than it is to recall the product. Unfortunately, product liability claims don’t always teach companies a lesson. But just knowing that they could be responsible for a product liability lawsuit typically motivates companies to do their best to create safe products.
“How Can People Afford a Product Liability Lawyer?”
A lot of people feel like a product liability lawyer is simply out of reach. However, our law firm believes that anyone can sustain serious injury due to a defective product. Therefore, everyone should have access to a product liability attorney. At Moxie Law Group, we offer a free consultation to any consumer who’s been injured by a defective product. During the consultation, the injured consumer tells us a bit about their injuries, and how the injuries happened. If we feel as though we can help, we’ll get started on your case right away. You don’t have to pay us anything upfront. At Moxie Law Group, our defective product lawyers work on contingency. This means that clients don’t have to pay them anything until they receive their settlement check, and you only pay us if we win your case. After they reach a settlement, a pre-negotiated portion of that settlement will cover the injury-related expenses of the consumer who sustained injury due to the defective product. If you go all the way to court, but you lose your product liability lawsuit, you don’t have to pay us anything. This is called working on contingency. Please note that in some cases, the scope of liability or damages may be limited depending on the circumstances. By doing this, our clients are able to file product liability claims without having to worry about how they’ll pay for their medical bills and other injury-related expenses.
Experience Matters
Hiring an experienced product liability lawyer from a firm with a specialized practice in product liability law can help you get the compensation that you need in order to recover after a defective product has caused you injury. Just like some big corporations don’t do enough to protect the consumer, many law firms don’t do enough to protect their clients. When it comes to personal injury cases, some attorneys like to settle as quickly as possible, even when it isn’t in the best interests of the injury victims. At Moxie Law Group, our experienced lawyers and partners work collaboratively to ensure every case receives the attention and expertise it deserves. We are proud of our track record and our commitment to achieving the best possible results for our clients. Even during the free consultation, we act in the best interest of all potential clients. If we think the initial settlement offer is the best offer, we’ll tell you that during the free consultation. If you were injured by a defective product, you deserve the best legal advice and the maximum compensation, and our attorneys want to do whatever they can to facilitate that.
When Defective Products Lead to Class Action Lawsuits
A class action lawsuit may occur when defective products, such as food items, injure multiple people, thus multiple people are asking for damages. For example, let’s say that a juice manufacturing company accidentally put a harmful chemical, like drain cleaner, in the juice boxes instead of juice. Now, many people were injured because of these defective food products contaminated with dangerous chemicals. When all of the people injured by these products get together and file a single lawsuit against the company, it’s called a class action lawsuit. These types of lawsuits are commonly seen in product liability litigation. Mass tort cases are another way multiple plaintiffs can seek compensation for injuries caused by the same defective product, but unlike class actions, each plaintiff’s case is handled individually. When the same defective products injure many different people, product liability cases are likely to arise. Although these product liability cases can be tried separately, they may also be tried in a class action suit. Importantly, you do not necessarily have to have purchased the product yourself to be eligible to join a class action lawsuit; being injured by or exposed to the defective product may be sufficient. If you have been injured, and you have questions about product liability litigation, it may be a good idea to contact an attorney.
Filing a Product Liability Claim
Filing a product liability claim in Utah can feel overwhelming, especially when you or your loved ones have been hurt by a dangerous or defective product. Understanding the process is crucial to protecting your rights and building a strong case. Product liability attorneys play a vital role in helping victims navigate the legal system, identify the different types of product defects, such as design defects, manufacturing defects, and marketing defects, and gather the evidence needed to prove liability.
The first step in any product liability case is to collect and preserve evidence. This includes documentation of your injuries, medical records, proof of purchase, and any information that shows how the product was defective and caused harm. The more evidence you can provide, the stronger your claim will be. Product liability attorneys are experienced in investigating these cases, working to uncover the actions of manufacturers, distributors, or retailers that may have led to the defective condition of the product.
In Utah, you have the right to file a product liability claim in either federal or state courts, depending on the circumstances of your case. It’s important to act quickly, as the statute of limitations for most product liability claims is four years from the date of injury or the date you discovered the injury. Missing this deadline can mean losing your right to seek compensation, so consulting with a product liability attorney as soon as possible is essential.
Product liability cases can involve a wide range of products, from cars and toys to food and medical devices. Sometimes, a single defective product can harm many people, leading to class action lawsuits or mass torts. In these situations, having a dedicated legal team on your side ensures your voice is heard and your losses are not overlooked. Your attorney will help you identify the liable party, whether it’s the manufacturer, distributor, or another party in the supply chain, and hold them accountable for their actions.
If you or a loved one has been harmed by a defective product, don’t hesitate to take action. Product liability attorneys offer free consultations to help you understand your rights and the best course of action for your case. They are proud to stand up for victims and families, working tirelessly to build a compelling case and pursue the compensation you deserve. Whether your case involves personal injury, wrongful death, or significant financial losses, your legal team will fight to ensure corporations are held responsible for the harm their products have caused.
Filing a product liability claim can be a complex journey, but you don’t have to face it alone. With the right legal team, you can navigate the process, gather the necessary evidence, and take the steps needed to win your case. Don’t let corporations put profits over people, consult with a Utah product liability attorney today to protect your rights and seek the justice you and your loved ones deserve.
Determining Liability
Determining liability in a product liability case requires a careful and thorough investigation into how and why the injury occurred. Our product liability attorneys have extensive experience in analyzing the facts of each case, working closely with experts such as engineers and safety specialists to identify the specific type of defect, whether it’s a design flaw, a manufacturing error, or a marketing oversight. By examining the production process, reviewing the actions of manufacturers, distributors, and retailers, and gathering all available evidence, we can pinpoint which party or parties are liable for the defective product.
Establishing liability often involves tracing the defect back to its source, whether it originated during production, assembly, or distribution. Our legal team is skilled at uncovering the evidence needed to prove that a company’s actions, or lack thereof, led to the injury. We understand that multiple companies may be involved in bringing a product to market, and we are committed to holding every responsible party accountable. By building a strong case based on solid evidence and expert analysis, we help our clients pursue justice and recover the compensation they deserve for their injuries.
How to Prove a Product Liability Claim in Utah
Proving a product liability claim in Utah involves demonstrating that the product was defective or unreasonably dangerous and that this defect directly caused your injury or harm. This process requires gathering compelling evidence, such as medical records, witness statements, and expert testimony, to establish both the existence of the defect and the link to your injury. Our product liability attorneys are well-versed in the legal standards required to prove liability and are dedicated to helping clients build the strongest possible case.
We work closely with our clients to collect and preserve all relevant evidence, identify and interview witnesses, and consult with experts who can provide critical insights into how the defect occurred and why it caused harm. By meticulously building your case, we aim to prove not only that the product was defective, but also that the defect was the direct cause of your injury. With our guidance and expertise, you can feel confident that your claim is being handled with the utmost care and professionalism, increasing your chances of a successful outcome.
Manufacturing Defect
Manufacturing defects occur when there are inadequate safety warnings, or instructions. For example, consider a toy with unclear instructions or warnings about small parts. If a child is injured because the recommended age range was not clearly stated, or the warnings were ambiguous, the manufacturer could be liable for any resulting harm. This highlights the importance of using the right words in product warnings and instructions to prevent misuse and ensure consumer safety.
Here’s a good example involving prescription drugs: let’s say you take an antihistamine. As you’re driving down the road, you become very tired and you crash your car into a pole! You’re seriously injured due to this crash that was caused by you falling asleep at the wheel. Well, if there weren’t any warning labels on the box to warn you that you might become drowsy by taking this medicine, that may be a marketing defect. McDonalds has a famous marketing defect where a woman sued them after she spilled coffee on herself. Apparently, the coffee was hot and the cups didn’t warn customers. But if you think this was just some lady trying make a quick million, think again: McDonald’s coffee was being served at a scorching 190 degrees. That’s hot enough to cause third degree burns in fewer than three seconds! In many cases, the makers of a product have a duty to ensure that consumers are properly warned of any safety concerns, and/or give adequate instructions on how to use the product.
Design Defect
These types of defects occur when there’s something wrong with the design of a product. Let’s say that you hire an architect to design a house for you. You take all the precautions that a reasonable person would take, and you’re careful to reduce all safety risks. Yet, the house still collapses and seriously injures you. Who’s responsible for the faulty construction? Well, if there was something wrong with the way the house was designed, and that caused the house to collapse, the person who designed the house may be liable. Defects in a product’s design occur when there’s something about a product’s design that makes it unreasonably dangerous. Ready for another example of mass tort litigation? The Ford Pinto injured many people due to its poor design, with injuries caused by defective design. When the car was rear-ended, it had a tendency to explode due to the placement of the gas tank.
Marketing Defect
Marketing defects occur when there are inadequate safety warnings, or instructions. Here’s a good example involving prescription drugs: let’s say you take an antihistamine. As you’re driving down the road, you become very tired and you crash your car into a pole! You’re seriously injured due to this crash that was caused by you falling asleep at the wheel. Well, if there weren’t any warning labels on the box to warn you that you might become drowsy by taking this medicine, that may be a marketing defect. McDonalds has a famous marketing defect where a woman sued them after she spilled coffee on herself. Apparently, the coffee was hot and the cups didn’t warn customers. But if you think this was just some lady trying make a quick million, think again: McDonald’s coffee was being served at a scorching 190 degrees. That’s hot enough to cause third degree burns in fewer than three seconds! In many cases, the makers of a product have a duty to ensure that consumers are properly warned of any safety concerns, and/or give adequate instructions on how to use the product.
Recoverable Damages
When you or a loved one has been harmed by a defective or dangerous product, understanding the types of damages you may recover is crucial to protecting your rights. In Utah, product liability attorneys help victims pursue compensation for a wide range of losses caused by dangerous products. These damages can include both economic and non-economic losses, depending on the specifics of your case.
Economic damages are the tangible losses you experience as a result of your injury. This can include medical expenses for treatment, rehabilitation, and ongoing care, as well as lost wages if your injury prevents you from working. Property damage caused by the defective product may also be recoverable. Non-economic damages, on the other hand, address the more personal impact of your injuries, such as pain and suffering, emotional distress, and loss of enjoyment of life. In Utah, there is no cap on non-economic damages in product liability cases, except for medical malpractice cases, which means you can pursue full compensation for the harm you’ve endured.
If a dangerous product has tragically resulted in the loss of a loved one, your family may have the right to file a wrongful death lawsuit. These claims can help families recover damages for the loss of financial support, companionship, and the emotional pain caused by the wrongful death of a loved one. Product liability attorneys understand how devastating these losses can be and are dedicated to helping families seek justice and accountability from the responsible party.
The amount of damages you may recover in a product liability lawsuit depends on several factors, including the severity of your injuries, the extent of your losses, and the actions of the manufacturer or other liable parties. In some cases, if the actions of the manufacturer or corporation were especially reckless or showed a blatant disregard for safety, punitive damages may also be awarded to punish the wrongdoer and deter similar conduct in the future.
Because product liability cases can be complex and involve different types of products, manufacturers, and legal issues, it’s essential to consult with an experienced product liability attorney as soon as possible. Your attorney will help you build a strong case, gather evidence, and fight for the compensation you deserve. They will also ensure you meet important deadlines, such as Utah’s four-year statute of limitations from the date of injury or discovery of injury, so you don’t lose your right to file a claim.
Taking legal action not only helps you recover the damages you need to move forward, but also holds corporations and manufacturers accountable for the harm their dangerous products have caused. If you or a loved one has been injured, don’t wait, schedule a free consultation with a product liability attorney to discuss your case, understand your rights, and take the first step toward justice.
Utah Product Liability FAQs
What is a product liability claim?
A product liability claim is a legal case that seeks compensation when someone is injured by a defective or dangerous product. These claims are based on the idea that manufacturers, designers, or sellers should be responsible if their product causes harm because of a flaw, poor design, or inadequate warnings.
What kinds of injuries can result from a defective product?
Defective products can cause many injuries, such as cuts, burns, broken bones, nerve damage, internal injuries, and in severe cases, permanent disability or death. The type of injury depends on how the product failed and how the person was using it at the time.
How can a product liability lawyer help my case?
A product liability lawyer can investigate the cause of the defect, gather evidence like expert reports and medical records, identify all responsible parties, and pursue compensation on your behalf. They can also handle insurance company negotiations and explain how product liability laws apply to your situation.
When You’ve Been Injured
If you’ve been injured by a defective product, you need a legal team who can help you get the compensation you deserve, not just for yourself, but also to protect your loved ones from similar harm. From wrongful death claims to product liability claims involving power tools, Moxie Law Group can do it all. We have a proven track record that shows we’re dedicated to our clients, whether your case is handled in federal and state courts, goes to trial, or even involves appeals, which can extend the process for years. If you’ve been injured and you need compensation, contact Moxie Law Group today.
Schedule your free, no-obligation consultation with Moxie Law Group today. We’re happy to answer any questions you may have.
Next Steps
If you or a loved one has been harmed by a defective or dangerous product, it’s essential to take immediate action to protect your rights and pursue the compensation you deserve. Our product liability attorneys offer free consultations to discuss your case, answer your questions, and provide clear guidance on the best course of action. We understand the challenges you face after an injury and are committed to supporting you every step of the way.
Our experienced legal team will listen to your story, review the details of your case, and explain your rights and options in plain language. We are proud to serve as trusted partners and advocates for individuals and families affected by dangerous products, and we are dedicated to holding liable parties accountable for their actions. Don’t wait to seek the help you need, contact us today to schedule your free consultation and take the first step toward justice and recovery for you and your loved ones.
Most Importantly, Our Experience Speaks for Itself
