I was injured by a bad product or medication. Should I call a lawyer?
Curious to know if you have a product liability case? This page is here to give you the basic information. This is not intended as legal advice, but it can be used as a guideline to understand product liability claims — and more broadly, personal injury law — if you are looking for a product liability lawyer in Utah.
Carl Smith was waiting at a red light in Reno, Nevada, with his wife when a car struck him from behind. Car accident cases aren’t uncommon in our line of work, but this case was different: The small Ford sedan he was driving was equipped with seat backs that would break in the event of a car accident. This sent him flying into his back seat, hitting it with a loud thud.
Carl turned to his wife and said, “I can’t feel my toes.”
Carl and his wife were taken to the hospital, where it was discovered that the accident severed his spinal cord, and he would be paralyzed from the neck down for the rest of his life.
This is an example of a real product liability case we had against Ford Motor Company. Thankfully, we were able to get Ford to agree to a settlement that paid for Carl and his wife’s care for the rest of his life.
A product liability claim occurs when a party negligently produces and sells a product that causes injury to someone else. Most often, we see this in medical devices, but it can also happen with automobiles, electronics, household appliances, and any number of things.
If you have a product liability claim and need an experienced personal injury lawyer in Utah, our attorneys at Sykes McAllister Law Offices are here to help.
How do I know if I have a product liability case?
Product liability claims are similar to personal injury cases. We use all kinds of products and tools in our everyday lives, and that comes with a certain amount of risk — injuries can’t entirely be avoided. Not all injuries due to products are potential lawsuits waiting to happen because sometimes user error is involved.
Product liability lawsuits, however, have several things in common:
You were injured due to a defective product.
We can show that the product was defective (instead of the injury being caused by user error).
You have experienced damages.
It is possible for the courts to provide a remedy. Although you may have been injured by someone else’s negligence AND you have experienced damages, there needs to be a way to recover damages from the responsible party. Most companies that produce these products have insurance or an asset that will cover the damage.
What does Utah law say about product liability claims?
Before seeking out a personal injury lawyer in Utah, you should know the following about the statute of limitations:
According to Utah Code Annotated §63G-7-402, Section 78B-2-302, notice of claims against a government entity, employee or agency must be given within one year.
Claims for defective products that aren’t against a government agency or employee must be brought within two years, according to Utah Code Annotated §78B-6-706.
What this means:
This means if you were injured due to a government actor’s negligence, you would have one year to bring a case.
If you have a claim against a private individual or entity (which is more likely in a product liability lawsuit), you have two years to bring a suit.
Sometimes it is unclear who is liable, so it is important to contact an attorney as soon as you are aware you have been injured due to someone else’s negligence.
What can I expect when I sue for product liability?
Contrary to popular belief, personal injury lawyers are not “ambulance chasers,” and lawsuits don’t make people rich. Lawsuits take a long time and usually only compensate you for what you lost. But with the right lawyer, you know you’re in good hands.
When you sue for an injury and retain a product liability lawyer in Utah, your attorney will walk you through the process. It looks something like this:
You meet with an attorney to discuss the details of your case. They will want to know when and where it happened, who was involved, and what kind of evidence is available to you.
The investigation phase. If an attorney believes you may have a case, they will start gathering evidence and information to build the case. This is done by gathering police reports, photos, videos and whatever is available. Your attorney may also conduct interviews as part of the investigation.
Pre-litigation. Your lawyer will first look to see if they can settle your case out of court. If the case cannot be settled, they might advise you to file a complaint.
Filing the lawsuit. Once all the evidence is collected, if your attorney believes you have a case, they will file a complaint with the court. The relevant parties will also be served a copy of the filing.
Litigation. After a case is filed, formal discovery will be conducted. This may include written disclosure of witnesses and evidence, written requests for documents or information, and depositions. If your case is unable to be resolved during the discovery process, you will need to go to trial. During the trial, your attorney will present your case to the court, and a jury will make a determination on the case.
The appeals process. Sometimes the court will rule against you. In that case, your attorney will want to take another look at the ruling and decide if there is a way to appeal it to a higher court.
What should I do when I or a family member gets injured by a defective product?
If you or a family member gets injured by a defective product and are looking for a product liability lawyer in Utah, do the following.
Keep your cool: It is perfectly normal to be upset over life-altering injury. Nevertheless, avoid threatening to sue, blaming the responsible party, declaring vengeance or posting to social media. This could hurt your case.
Continue to seek medical care: It’s important that you continue to get medical care for your condition. Often, further treatment will reveal the full extent of the damage that wasn’t obvious at the time of the injury.
Gather evidence: Get a hold of as many medical records, bills and police reports (if applicable) as you can. These will be helpful for your attorney as they piece together what went wrong.
Keep track of your medical bills: Whether your case settles or goes to trial, your lawyer will need to determine how much to ask for as a remedy for your damages. The attorney will usually ask for an amount that covers your medical damages, the pain and suffering you experienced and, occasionally, punitive damages to deter the action from happening again.
How do I find a lawyer to handle my product liability case?
If you believe you have a product liability claim, the first step is to contact a product liability lawyer in Utah as soon as possible. They will review your situation, determine if you have a valid claim, and advise you on the potential remedies available.
Product liability cases require hard work, patience and determination, but they are also one of the ways our society holds businesses accountable, and it helps keep our cars, food, medicine and household objects safe. If you need a product liability lawyer in Utah, contact Sykes McAllister today.