Find Lawyers in Phoenix, Arizona for Product Liability Litigation - Plaintiffs
Practice Area Overview
Products liability, therefore, often involves complex litigation. The nature of a products liability claim is dependent on the jurisdiction or state where the injured person lives, the type of product, and the variety and cause of the defect. Product defects can surface in different facets of the user experience including defects in design, manufacturing, or even when a manufacturer fails to warn of associated dangers in the product’s use. Moreover, liability in these cases can rest on many different parties ascending the supply chain up to the original manufacturer - from the manufacturer and distributor to the supplier and retailer. After gathering all of this information, a knowledgeable attorney will determine the appropriate type of claim that should be pursued including strict liability, negligence, breach of warranty, or even fraud.
Strict Liability: Rather than focus on the behavior of the manufacturer (as in negligence), strict liability claims focus on the product itself. Under strict liability, the manufacturer is liable for harm caused by the defective product, even if the manufacturer was not negligent in making that product defective.
Negligence: This case type most resembles an ordinary negligence lawsuit. In addition to duty, defect, causation, and injury, the injured party needs to prove that the manufacturer or seller breached its duty to the person harmed.
Breach of Warranty: When the maker of a product warrants its characteristics, if it fails in one of those characteristics and the failure causes an injury, a breach of warranty claim arises. Warranties can be express (written or sometimes verbal) or implied by law.
With a legal career in personal injury and wrongful death that spans 30 years, Bob is tireless in his dedication and resolve to seek justice for each and every one of his clients. From the very first meeting with any prospective client, Bob’s easygoing manner engenders trust because he is naturally compassionate, sincere and possesses a unique ability to understand and communicate with clients from all walks of life. This same direct, common-sense approach has proven to be extremely eff...
Prior to joining Gallagher & Kennedy, Mr. Clark served as a law clerk to the Honorable Mary M. Schroeder, Circuit Judge for the U.S. Court of Appeals, Ninth Circuit. Mr. Clark has also maintained an appellate practice. Prior to focusing his practice on plaintiffs’ personal injury and wrongful death cases, he handled a wide-range of cases, including criminal defense, insurance defense and commercial litigation. His recent experience includes: Served as Co-Lead Counsel for over 70 vic...
Lincoln is one of the top plaintiff’s personal injury attorneys in Arizona and the Southwest, with experience and success in a wide range of litigation and appellate matters. He specializes in plaintiffs’ catastrophic personal injury and wrongful death litigation, including consumer advocacy, elder abuse, motor vehicle accidents, professional negligence, products liability, and insurance bad faith litigation. Lincoln is committed to serving his clients with the passion, empathy, a...
Garrick Gallagher joined the firm in 1988, and is a Shareholder, Director and Past President (2000-2006) of the firm. Mr. Gallagher earned his Juris Doctor from the University of Arizona College of Law in 1984, and his Bachelor of Arts in Economics from the University of Pennsylvania in 1981. Mr. Gallagher concentrates his practice on complex civil litigation throughout Arizona, the United States, and abroad. He has been interviewed by Dateline NBC, local news networks, the Los Angeles Times,...
Matt is a graduate from the University of Notre Dame, where he was a member of the Men’s Varsity Basketball Team. He received his Juris Doctorate from Arizona State University in 2003. Matt is a shareholder focusing his practice in plaintiff’s catastrophic personal injury and wrongful death and criminal law. In his nearly ten years as a lawyer, Matt has distinguished himself in the courtroom and the community. He is passionate about his clients and dedicated to seeking justice on ...
As a licensed veterinarian, Mark has the medical knowledge to help his clients get the results they deserve. Given his strong medical science background, Mark's practice focuses on tort law, including medical negligence, product liability, and other significant personal injury cases. He has nearly 35 years of experience litigating medical malpractice cases with victories including the landmark Edwards verdict and a transfusion-associated AIDS case that remains one of the largest personal inju...
Since 2009, Mark Worischeck has served as the firm's President and Managing Shareholder. Mr. Worischeck has earned Martindale-Hubbell's highest AV® Preeminent™ rating. He has been recognized as one of Arizona's Finest Lawyers and selected to be included in Best Lawyers in America for 2013-2022 for his work in aviation law, commercial and construction litigation, insurance law, insurance litigation, personal injury and product liability litigation. He was also named by Best Lawyers a...
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