Utah Product Liability Lawyers

As you can imagine, not every product-related injury gives rise to a lawsuit. Sometimes, the consumer’s own misuse of a product causes an injury. At other times, the consumer ignores posted warnings. If that’s the case, then the injured person can’t seek out compensation.

Here are a few things to discuss with your attorney:

• Did you modify the product?
• Did you damage the product before use?
• Did you fail to notice a posted warning on the product?
• Did you read the instructions on the product before use?
• Were you using the product in an unusual or unexpected way?

By answering these questions, you’ll give your attorney a good idea of how your own behavior influenced the product-related injury. You should still speak with an attorney even if you think you were partially to blame for the incident.

Utah’s courtrooms recognize three different types of product liability claims:

• Defectively manufactured products
• Defectively designed products
• Failure to warn or instruct consumers about a product’s dangers

Each claim is based on the fact that you were injured by a product. They differ, though, based on when the defect occurred that later resulted in the injury. A defect or error could happen as a result of the product’s design, manufacturing, or consumer use.

Defectively designed products are inherently dangerous. In this type of claim, you need to prove that a design flaw caused your injuries. Your argument must show that all the products on the shelf have the same flaw, and they’re all equally dangerous.

Defectively manufactured products are dangerous because of a factory error. In this type of claim, you need to prove that the factory who created the product made a mistake. The product itself may be safe, but you need to show that the injury-caused product was different than others on the shelf.

In the final type of product liability claim, consumers get injured when they aren’t aware of a product’s dangers. In short, you’ll need to argue that you weren’t warned about the risks or dangers of using the product that caused your injury. These types of lawsuits are the reason why you’ll find warning labels on most products today.

After you were hurt by a product, you’re likely wondering if pursuing compensation is worth your time and effort. To make this decision, you need to know how much your claim is worth. Here’s a breakdown of the types of compensation you can get in a product liability case:

• Compensatory damages
• General damages
• Punitive damages

Compensatory damages reimburse you for every financial loss you suffered due to your injury. This includes things like your medical bills, lost wages, prescription costs, loss of household services, and any diminished earning capacity.

General damages compensate you for other types of harm you suffered. It’s more difficult to put a monetary value on general damages. Emotional distress, the seriousness of the injury, disruption to normal life, enjoyment of life, scarring/disfigurement, pain and suffering, and spousal companionship all fall under the scope of general damages.

Punitive damages are the final type of compensation you could get awarded in court. These damages are only used as a financial penalty against the responsible party. By design, they’re intended to deter the entity’s behavior in the future. Courts in Utah are only likely to award punitive damages when the other party was intentionally malicious, willfully negligent, or intentionally fradulent.

If you’re still unsure about how much your products liability claim is worth, then consider reaching out to a Utah product liability attorney. They’ll help you estimate the monetary value of your losses.

After an injury, the losses really start stacking up. On top of your physical pain, you’re likely missing time off work and having trouble meeting your family obligations. As if that wasn’t enough, you’re the one who must take the initiative to seek out the money you deserve.

You’re likely wondering – how does the whole process work? What should I expect when I speak with a lawyer?

At Creekside Injury Law, we know what you’re going through. Here’s how the whole process works from start to finish:

• We’ll meet with you and discuss what happened
• Our office will analyze the case and determine whether to investigate
• If we decide to move forward, then we’ll ask you to sign an attorney-client contract
• We may ask you to share your medical records
• Our office will inform the liable parties about your accident
• We will help you compile evidence to strengthen your claim
• We’ll attempt to negotiate with the responsible party and reach a settlement
• If needed, then we’ll file a lawsuit

If you present a strong enough case in the beginning, the responsible party will often offer a reasonable settlement. We know how important it is to get your money as soon as possible. Sometimes, we can negotiate with the other party and come to an agreement without ever having to go to court.

If the other party isn’t willing to settle, then we’re prepared to argue on your behalf in court. Whatever it takes, our office will work hard to get you the money you deserve.

You were the one who got injured. Yet, the financial burden of seeking out representation and filing a claim is often on your shoulders. We understand the situation you’re in. We do not require any up-front payment.

Instead, our office works on a contingency fee basis. That means we only get paid when you get paid. On top of that, we take a lower percentage of your overall settlement award than other Utah law firms.