As a consumer in Arkansas, you and others have the right to expect products to be safe when used correctly. If it is defective, badly designed, or had no warnings about the potential dangers, you might be entitled to financial compensation. These monetary damages may come from manufacturers, designers, or those who sell the product.
At Edward O. Moody, P.A., our personal injury attorneys know how to handle your case. We hold manufacturers and designers accountable for their defective products and the injuries they cause. Let us speak with you and learn about what happened, and how we can help.
How Arkansas Defines a “Defective Product”
A product can be considered unreasonably dangerous and therefore defective. If it is unreasonably dangerous even when used as intended, or in an otherwise foreseeable way, the product is defective. The defect must have existed when it left the possession of the seller or manufacturer, not that it became defective and dangerous later.
Arkansas recognizes three primary types of product defects:
- Design defects
- Manufacturing defects
- Marketing or warning defects
1. Design Defects
A design defect happens when it is the initial blueprint or engineering choices that make the product unsafe. So here, even if everyone made the product just as they were supposed to, it would still be dangerous because it was defective to begin with. The design is what causes the unreasonable risk of harm.
Examples of design defects:
- A power tool without a safety guard
- A vehicle with a rollover-prone design
- A medical device that fails under normal use
- A child’s toy with small parts that easily detach
How Arkansas evaluates design defects
Arkansas courts often apply a risk-utility test, weighing factors such as:
- The likelihood and severity of potential harm
- The feasibility of a safer alternative design
- The cost and practicality of implementing safety improvements
If a safer, reasonable alternative design existed, the product may be considered defective.
2. Manufacturing Defects
A manufacturing defect occurs when a product deviates from its intended design due to an error during production. Unlike design defects, these issues affect only certain units rather than the entire product line.
Common examples:
- A batch of contaminated medication
- A cracked weld on a ladder
- A missing bolt in a piece of machinery
- A tire with a weak spot caused by improper curing
3. Marketing or Warning Defects
This occurs when a product lacks appropriate instructions or warnings about known dangers of the product. This is often referred to as a failure to warn.
Examples include:
- A medication without proper side-effect warnings
- A chemical product sold without protective-gear instructions
- A household appliance with no warning about electrical shock risks
- A tool that fails to warn users about pinch points
What Makes a Product “Unreasonably Dangerous”?
When determining whether a product is unreasonably dangerous, courts look for products that are beyond what the ordinary consumer would expect. They also consider:
- The product’s intended use
- The user’s reasonable expectations
- Whether the danger was obvious or hidden
- Whether adequate warnings were provided
Examples of Products Commonly Found Defective
While any product can be defective, certain categories frequently appear in Arkansas product liability cases:
- Automobiles and vehicle components
- Medical devices
- Prescription drugs
- Industrial machinery
- Work equipment
- Household appliances
- Children’s toys and furniture
- Tools and construction equipment
- Consumer electronics
These products often involve complex engineering or high-risk use, increasing the likelihood of defects.
Hire a Defective Product Lawyer in Arkansas for the Help You Need
When a defective product causes you injury, the impact can be severe. You could suffer burns, loss of limb, poisoning, and so much more. Products put in the market should be safe for intended use, and when they’re not, the manufacturer and other parties could be liable for your injuries. You might be entitled to significant financial compensation with the help of a knowledgeable lawyer.
Let the dedicated products liability attorneys at Edward O. Moody, P.A. review your case. Contact us today for a consultation.