As reported by the Phoenix New Times, Trader Joe’s recently recalled their Triple Ginger Brew. The reason for this recall was due to the threat of the glass bottles exploding. Although no injuries had been reported, the company made the decision to go ahead with this voluntary recall. While it appears that this case will pass without any incident, there are many other examples of product liability issues that do lead to personal injury claims.
One of the reasons that it’s always in the best interest of people to secure professional legal representation in Phoenix is any issue involving the law is generally quite complicated. A big part of why legal cases can be very overwhelming to someone without the necessary experience is there are a lot of nuances involved. Personal injury claims that involve product liability are the perfect example of the types of issues that come up during legal proceedings.
What People Need to Know About Strict Product Liability
Even though it’s not something that many people outside the legal field know about, strict product liability is the type of seemingly small detail that can actually be the deciding factor for an entire case. The simplest explanation of this term is it takes the stance that if someone is injured by a defective product, the manufacturer, distributor or seller is liable for that injury regardless of whether or not the defendant did everything they could to prevent the defect from happening.
At first glance, this legal term seems fairly straightforward. However, when you look at the different ways it can be applied to an actual personal injury claim, it quickly becomes clear that there are a lot of scenarios where things can get very complicated. Strict product liability takes the normal burden of a defendant needing to behave in a way that’s deemed below the average manner of conduct. Instead, an analysis of the behavior of a manufacturer, distributor or seller isn’t something that even plays a role in this kind of case.
While strict product liability may seem like an automatic way for a plaintiff to win their personal injury claim, that’s not always how things play out. For example, if an individual used a product despite knowing that it posed the risk of injury, a personal injury case can easily fail. The same goes for a plaintiff who used a product in a way that differed from its intended use.
While there are companies like Trader Joe’s and the Sweet Leaf Tea company that issued voluntary recalls before anyone got hurt by a product defect, there are plenty of other cases that play out quite differently. So if you or someone you love is injured by a defective product, you should speak with a Phoenix personal injury lawyer as soon as possible. Regardless of whether you think a defect was accidental or done in bad faith, strict product liability law means you may be entitled to compensation for your injuries.