Des Moines Product Liability Attorneys
Individuals who have suffered injury as a result of using a defective product have rights. Manufacturers, retailers, distributors, and designers all have the responsibility to provide the general public with products that are safe for use. When this duty is not fulfilled, consumers injured by dangerous products may be able to take legal action. Depending on the product in question, the impact of an injury can range from temporary to life-threatening. No matter how serious your injuries are, if they were caused by a dangerous product, you can take action against those responsible.
At LaMarca Law Group, P.C., serving the state of Iowa, a product liability lawyer from our team of attorneys can review your case and determine your claim eligibility if you or someone you love has been injured by a defective product. We are serious about recovering the resources that you need when an injury has disrupted your life. To schedule a free consultation with a Des Moines product liability attorney, contact us today at (515) 225-2600.
Why Do I Need a Product Liability Lawyer?
You have the right to expect that the products you purchase and use will not harm you. If you’ve been injured by a defective or dangerous product, it is up to you to prove that your injuries were caused by the product in question. When you are serious about proving your case and recovering compensation for your injury-related expenses, you need to hire an experienced product liability attorney. Coping with your injuries can be demanding physically, financially, and emotionally. Entrusting your legal situation to a lawyer will allow you to direct more of your focus toward your recovery.
A skilled product liability attorney understands the intricacies of the law in ways that you do not. The truth is when a product is not suitably safe, the manufacturer may not necessarily be at fault for the state of the product. In some instances, the design team, the distribution company, or the retailer may be found responsible for causing you harm.
Typically, product liability cases are classified under the following categories: design defects, manufacturing defects, or inadequate product warnings or instructions. Not only will your legal representative help establish which one of these causes your case falls under, but they will also look at your past, present, and projected future injury-related expenses to determine exactly how much your claim is worth.
If you file an injury claim without knowing how much compensation you can recover, you run the risk of agreeing to a settlement that is far less than you deserve. Though a quick settlement may grant you the resources that you need in the short term, it may not account for future expenses and lost wages. This will cause you trouble down the road. A knowledgeable attorney will fight to make sure that you receive the full and fair amount that you are owed.
Why Hire LaMarca Law Group, P.C. to Handle My Case?
At LaMarca Law Group, P.C. we understand how an unexpected incident can completely turn your life upside down. Over our decades in service of injured Iowans, we’ve recovered millions of dollars for our clients in favorable settlements and verdicts. We truly believe that when someone’s reckless or negligent actions put others in harm’s way, they should be made to answer for the damage that they have caused.
The simple truth this, if you’ve been injured, a good legal outcome can have a significant impact on your future. At LaMarca Law Group, P.C., it is our job as product liability attorneys to make sure that we not only recover what you’ve lost but also help account for any expenses your injuries will present in the future. Though we can’t roll the clock back and undo what you’ve experienced, we can help get you on a better financial footing.
As dedicated members of the community, we want you to understand that when you reach out to us for help, we are committed to understanding what you’ve been through, what you’ve lost, and what your goals are. Having this understanding of your background is crucial to the approach we will take on your behalf. Your case is about you, and we are here to help.
Product Liability Lawsuits
Product liability is the area of law that provides injured consumers the ability to recover damages as a result of being injured by a defective product. The reporting of injuries caused by product defects often leads to voluntary and governmental recalls to protect the public.
While obtaining information about product recalls was difficult in the past, the internet provides numerous resources to determine whether a particular product has been recalled. Government sponsored websites, such as the United States Consumer Product Safety Commission website, provide consumers quick access to information about the safety history of products.
Even products that are not subject to a recall may cause injury due to design, material or manufacturing defects. Some dangerous products are not widely distributed and/or injuries have not been adequately reported. Other products may have just been released or may have a very low failure rate. Regardless of the circumstances, retailers and manufactures have a responsibility to place safe products into the hands of consumers. If a product is, by its nature, dangerous, there is an additional duty to adequately warn consumers regarding the product’s dangers and to fully instruct consumers in the safe methods of using the product.
If you have been injured by a defective product, a Des Moines product liability lawyer from LaMarca Law Group, P.C. can help protect your rights and inform you of your legal options. We can assist you in filing a personal injury claim against the defendant to help ensure that you are justly compensated for your suffering. In the tragic event of a loved one’s death, we will guide you through the process of filing a wrongful death claim so that your family can seek just and fair compensation for your loss of companionship.
Product Liability Cases We Handle
Our lawyers are experienced in many different types of products liability cases. The attorneys at LaMarca Law Group, P.C. have obtained settlements and jury verdicts for numerous individuals who have been injured as a result of products that were defectively designed or manufactured, or sold without adequate warning or operating instructions. We have extensive experience in handling industrial and farm accident claims resulting from material or design defects and/or failure to warn. We assist those injured persons in bringing their claims so they may be fairly compensated for their injuries.
Our attorneys have represented individuals injured by:
- Flammable clothing
- Defective firearms
- Agricultural products
- Machinery and tools
- Medical products and devices
- Defective motor vehicles
- Pharmaceutical products
- Recreational products
- Contaminated food
Our attorneys have also represented individuals who have been injured by exposure to toxic and other dangerous substances, including molds, pesticides, hazardous wastes, and electrical energy and electrical devices. You can rest assured that a product liability attorney from our Des Moines area law firm has the knowledge, resources, and litigation experience needed to protect your rights and help ensure you obtain the compensation to which you are legally entitled.
Contact an Iowa Product Liability Lawyer Serving Greater Des Moines
If you believe you have a product liability claim, an attorney from LaMarca Law Group, P.C. can provide you with sound legal counsel and resolute representation. Entrusting your case to an attorney is a deeply personal decision for most injury victims. When you choose our team to fight your claim, we take the responsibility seriously. We are thorough, committed, and experienced. Your best interests are central to the decisions that we make on your behalf.
The statute of limitations limits the amount of time a plaintiff can file a claim after he or she has been injured, so it is important that you act quickly. To schedule a free consultation and case review with a Des Moines product liability attorney, contact LaMarca Law Group, P.C. today at (515) 225-2600.
Product Liability Frequently Asked Questions
If you’ve been injured by a dangerous product, you likely have many questions about what your options are. Contact LaMarca Law Group, P.C. today for answers to any specific questions about your case, or read our FAQ below.
What is strict liability?
Strict liability is a legal theory under which many product liability cases are brought. Under strict liability, injury victims may recover compensation without having to prove that the manufacturer in question was careless or not. As long as you can show that a product was unreasonably dangerous and injured you, you should be able to recover compensation. Strict liability contrasts cases involving negligence, in which it must be proven that one or multiple parties neglected to reasonably fulfill their obligations to provide a safe product to the general public. Though strict liability is not applicable in all cases, it can help expedite the progress of a claim when it does apply.
Is there a statute of limitations for product liability cases?
Yes, in the state of Iowa there is a statute of limitations for most types of lawsuits, including product liability. Under Iowa statute Iowa Code § 614.1(2), anyone wanting to file a product liability lawsuit must do so within two years of sustaining an injury from a defective product. Additionally, there is a “Discovery Rule” that may come into play in terms of the statute of limitations. Most measured time for statute of limitations begins when the injury occurred, but in special cases where the victim does not discover the injury until later, the statute of limitations time starts at the time of discovery of the injury rather than the time the injury itself occurred. This distinction often comes into play in cases where an illness develops over time or may not produce symptoms until it has progressed further.
What is implied warranty?
Implied warranty refers to the merchantability of products and is a warranty that goods should be suitable for purchase as is implied by the contract of their sale under Iowa Code 554.2314. This also includes food and drink products sold to be consumed both on and off the premise where they were purchased. Essentially, implied warranty means that consumers can expect products they purchase to be safe and work in the way they were intended without causing harm. When companies break this implied warranty and injury occurs, consumers can bring suit against these companies for this breach under the same Iowa code. An individual unknowingly purchasing contaminated food and becoming ill as a result is an example of a breach of implied warranty where the customer can reasonably expect the product to be safe and the seller breaches this expectation.
What are some common injuries associated with defective products?
There are countless types of injuries that can occur as the result of a variety of different defective products. Some of these injuries include burns from malfunctioning heated appliances, lacerations from defective motor vehicles or medical devices, illnesses from contaminated food products or harmful pharmaceutical products, and puncture wounds and internal damage from defective firearms. Injuries from defective products can range from mild to deadly and can inflict considerable physical, emotional, and financial stress on the victims they affect.