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Product Liability

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Product Liability Lawyer Serving West Des Moines, Iowa

Iowans depend on the products they buy and use every day being reliable, functional, and safe. Unfortunately, defective products can cause devastating and sometimes fatal injuries. Whether it’s a faulty car part, a dangerous children’s toy, or something else, it’s upsetting to sustain an injury from a product made and sold by a company you trusted. Moreover, you can demand compensation for your medical bills, lost income, and other losses resulting from a defective product.

The personal injury lawyers at Loney & Schueller, LLC, stand ready to represent those who sustain injuries from defective products. We have a deep understanding of Iowa’s product liability laws, and we utilize this knowledge and experience to fight for justice and fair compensation on behalf of our clients. When you trust us with your case, we make a commitment to you and charge no fees unless we recover compensation for you. Contact us today for a free consultation with our product liability attorneys

Why You Need a West Des Moines Product Liability Attorney

When you’re dealing with an injury or illness from a defective product, it’s crucial to have a West Des Moines product liability attorney by your side. A skilled personal injury attorney understands product liability law and can help you with all the elements of your case. They have the legal resources to thoroughly investigate your claim and make sure all the responsible parties pay for the harm they caused.

Working with an experienced attorney also increases your likelihood of recovering full compensation for your injuries. They know how to accurately assess all your losses, from medical expenses to lost wages, and can effectively negotiate with powerful corporations and their insurers. Without legal representation, you may not have a clear understanding of your rights, leaving you vulnerable in negotiations and with a heightened risk of missing out on crucial compensation.

Common Defective Product Claims We Handle

Our team supports individuals in West Des Moines and beyond who sustain injuries from faulty products. Below are some common types of defective product claims we manage:

  • Automotive Parts – Car accidents caused by defective automotive parts are often devastating. We represent clients who have suffered injuries due to faulty brakes, airbags that fail to deploy, malfunctioning seat belts, and more.
  • Children’s Toys and Products – Children’s products require strict safety standards because children are especially vulnerable to injury. We handle cases involving toxic materials in toys, choking hazards, or poorly designed children’s furniture that can cause injury or harm.
  • Household Appliances – Everyday household items can pose unexpected dangers. We deal with claims related to fires, electrical shocks, or other injuries related to defective appliances like heaters, ovens, and washing machines.

The Three Main Types of Defective Product Claims

In personal injury law, there are three main types of product liability claims that may apply when a defective product causes an injury:

  • Design Defects – These claims arise when something about a product’s design is inherently unsafe. If a product’s design poses a foreseeable risk of harm that the manufacturer could have avoided with a safer design, that defect may be grounds for a personal injury claim.
  • Manufacturing Defects – Sometimes, a product’s design is safe, but something goes wrong during the manufacturing process. This type of defect occurs when products are improperly made and deviate from their intended design, leading to potential harm.
  • Failure to Warn – Manufacturers must provide adequate warnings and instructions about the proper use of their products. If a product lacks necessary warnings or instructions, leading to misuse and injury, it could be grounds for a failure to warn claim.

Holding Companies Accountable for Defective Products

When a defective product injures someone, the responsible company must be held accountable. At Loney & Schueller, LLC, we employ several legal theories to hold companies accountable when they don’t take consumer safety seriously. Those legal theories include: 

Negligence: This theory involves proving that the manufacturer failed to abide by a reasonable standard of care during the design, manufacture, or marketing of the product. If this negligence led to the product being unsafe and causing injury, the company could be liable for the harm they caused. Proving negligence requires showing that the company knew or should have known about the defect and failed to correct it or warn users. 

Strict Liability: Under strict liability, a company can be liable for a defective product without the injured party having to prove negligence. If the product had a defect and caused harm while being used as intended, the manufacturer or seller may be liable even if they did not act negligently. This theory focuses solely on the product’s safety, not on the manufacturer’s conduct. 

Breach of Warranty: Warranties guarantee that a product will meet specific standards of quality and reliability. If a product causes an injury because it does not live up to these stated warranties, the manufacturer or seller may be liable. This includes both express warranties (stated explicitly by the company) and implied warranties (which are legally assumed in normal business transactions). Iowa law says most consumer products have an implied warranty.

Potential Compensation in a Defective Products Claim

We must thoroughly investigate your claim before we can accurately estimate your potential compensation in a product liability claim. However, you can count on us to pursue maximum compensation for all your eligible losses, including money for your:

  • Past and future medical expenses related to your injuries
  • Lost income and reduced future earning potential
  • Diminished quality of life
  • Pain and suffering
  • Emotional distress
  • Damaged personal property, if applicable

Deadline to File an Iowa Product Liability Claim

Iowa law says you must file a product liability lawsuit within two years of when you sustained your injuries in most circumstances. It’s best to contact an attorney as soon as possible. They can investigate your situation and file an insurance claim or lawsuit for you while you rest and heal. This approach preserves your legal rights and gives you the strongest chance of recovering fair compensation for your injuries.

What to Do if You Suffered Injuries from a Defective Product

If you sustained an injury due to a defective product, it’s essential to take immediate action to protect your rights. Here’s what you should do:

  • Seek Medical Attention – Getting medical treatment for your injuries right away. Seeking immediate medical attention protects your health while also providing medical records that serve as evidence of your injuries.
  • Preserve the Product – Keep the defective product as it is, without attempting to fix or alter it. This will be crucial evidence for your claim.
  • Document Everything – Record details of how the injury occurred and any related expenses. Take photos of the defective product, your injuries, and where the incident occurred.
  • Contact an Attorney – Speak with a product liability attorney who can advise you on your next steps. An experienced attorney can guide you through the legal process and help you recover full compensation for your injuries and losses.

Our West Des Moines product liability lawyers know you’re struggling and want to put our knowledge and experience to work for you. Call Loney & Schueller, LLC, today or reach out online for a free case review.

Get All The Compensation You Deserve. Call Our Attorneys Today.

Contact us online, or call us at 1-515-225-4485 to schedule a free initial consultation with an experienced Des Moines personal injury attorney. We handle injury cases on a contingency fee basis, which means there are no attorney’s fees unless we are able to recover compensation on your behalf.

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Contact Us for A Free Consultation

Our law office is conveniently located at 50th St. and I-235 in West Des Moines. We have successfully represented thousands of personal injury and Iowa workers’ compensation clients. Call 1-515-225-4485 for a free consultation. You never pay attorneys’ fees until we win and recover for all of your losses either in a favorable settlement or trial verdict.

What Our Clients Say

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Randy vigorously negotiated my case and I received a lump sum payment in excess of $200,000. He worked extremely hard for me and made sure I was taken care of. I am more than pleased with the outcome of my case.

Rusty from St. Augustine, Florida

Without Eric’s help and guidance I am not sure where I would be. I thank the person who referred Eric to me every day. I recommend that others use Eric for their workers’ compensation cases.

Terry of Iowa

Sarah also obtained a settlement from homeowner’s the insurance company. I would certainly recommend Sarah to represent you with regard to injuries received due to a dog bite.

Shane of Des Moines, Iowa