Bentonville Dangerous Product Attorneys

Fighting to Recover Compensation for Bentonville Victims Injured by Dangerous Products

No one expects to be hurt by a product they are using as intended. Though some products have unavoidable, inherent dangers, we rely on the warnings and instructions provided by the manufacturer to safely use them. When a product is dangerous in an unexpected or unreasonable way that injures you, you may be able to file a lawsuit against the manufacturer and recover damages.

At Potts Law Firm, we make it our mission to help hold manufacturers accountable for the injuries their dangerous products cause. With over $1 billion recovered for our clients, it’s all about our power and results, and our Bentonville dangerous product lawyers have the knowledge, resources, and skills required to prevail in complex cases. Whether your injuries were the result of insufficient warnings or a design defect, we are confident we can provide the sophisticated advocacy you need to prevail. We are committed to your case and will do everything possible to deliver a favorable outcome.

Our firm handles product liability claims on a contingency basis, meaning you will owe no legal fees unless we win. Schedule a free initial consultation by calling (479) 323-3738 or contacting us online today.

Types of Product Liability Recognized under Arkansas State Law

Each state has its own rules for how product liability cases are handled. Arkansas permits product liability claims based on strict liability, which is greatly advantageous to injured parties. In a strict liability case, you do not have to prove the manufacturer of the product that injured you was negligent in some way. You simply have to show that the defect existed and that it injured you, making it significantly easier to prove liability and recover damages.

The three major categories of product liability recognized in Arkansas are:

• Design Defects. A design defect exists in all units of the product due to an inherently flawed design that creates unreasonable danger even when the product is being used as intended. To prove the existence of a design defect, you may need to establish that a safer, just-as-effective design could have been used instead. Demonstrating this is important because some products, like industrial tools, are fundamentally dangerous, but if a defective design makes the product unreasonably dangerous despite cautious and proper use, you may have a case.
• Manufacturing Defects. Some products will have an acceptably safe design, but errors in the manufacturing process can result in certain units having dangerous abnormalities. For example, a gun with a manufacturing defect may still fire when the safety is on. You will need to demonstrate the existence of the manufacturing defect, which is not always easy if the problem results in the destruction of the product.
• Marketing Defects. Because so many products have unavoidable dangers, it is the manufacturer’s legal responsibility to provide sufficient warnings and instructions for safe use. A product’s marketing is considered defective if the warnings and instructions are so inadequate that they result in avoidable injury.

To have a product liability claim, you must have been behaving responsibly and using the dangerous product as intended at the time of the accident. You will not have a strong case if you were engaging in reckless conduct, using the product for something it was not designed to do, deviating from provided safety instructions, or ignoring manufacturer warnings.

Product liability laws can be confusing, but we are here to help you understand your rights. Our Bentonville dangerous product attorneys can assess what happened and advise whether you have a case.

How Much Time Do I Have to File a Product Liability Claim in Arkansas?

You do not have unlimited time to take legal action against the manufacturer of a dangerous product that injured you. In Arkansas, you generally get three years from the date you were injured to file a lawsuit. This deadline tends to be cut and dry when there is a single incident in which you are injured. There are other cases where the time limits may be more ambiguous, however.

Certain products, such as pharmaceutical drugs or harmful chemicals in paints or cleaning products, may cause injuries that take months or years to become detectable. Arkansas honors the “discovery rule,” which means you have three years from the date you discovered or reasonably should have discovered injuries that may have been caused by a dangerous product to take legal action.

In tragic situations where a dangerous product kills someone, certain surviving parties will get additional time to start the legal process. The personal representative of the deceased’s estate or qualifying family members will usually have three years from the date of the victim’s death to file a wrongful death lawsuit.

The time limits for filing your product liability claim may be less straightforward if the manufacturer of the dangerous product is located somewhere other than Arkansas. To avoid missing a crucial deadline, contact Potts Law Firm as soon as you are injured or you discover an injury that you believe may be linked to a dangerous product.

Call (479) 323-3738 or contact us online to discuss your case with us if you or a loved one were harmed by a dangerous product. Same-day appointments are available, and our firm offers services in English and Spanish.