Des Moines Product Liability Attorneys
Individuals who have suffered injury as a result of using a defective product have rights. 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. To schedule a free consultation with a Des Moines product liability attorney, contact us today at (515) 225-2600.
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. 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 FAQs
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.