This is what happened to a man last week, when his truck rolled over on I-17. The authorities believe his accident may have been caused by a mechanical issue involving a wheel. Do some people actually believe that it is so much easier on you because it wasn’t your fault? Does it lesson the pain and disability of the injured man, knowing that he is not at fault? Surely not.
We all have certain responsibilities not only to ourselves, but to each other when we perform services for them for a cost. Companies have a responsibility to us to sell safe products. Service organizations (i.e. repair shops) have a responsibility to provide services in such a way that do not cause us injury. In Arizona, a manufacturer may be liable for injury or wrongful death caused by failure to exercise ordinary care in manufacturing or designing car parts, drugs, children's toys or other products, resulting in:
- Defective design of the product
- Failure to adequately test and inspect the product
- Failure to provide adequate instructions, warnings and labels on the product
- Failure to issue an adequate recall notice concerning the product
Likewise, a mechanic may be liable for your damages if they are negligent in the repair of your vehicle. As consumers, we also have a responsibility to follow the sound advice of others trained in areas we are not. For example, if a mechanic advises you that certain repairs are needed and we choose not to have them done, and an accident occurs as a result, you may be found liable.
The law imposes duties of care upon everyone. If you pay someone for a product or service, you are relying upon an “implied warranty” that the product is safe for regular use. If you are unfortunate enough to be in an accident that you believe resulted from the negligence of another, or from a defective product, you should immediately contact an experienced attorney. These cases can be vey technical and difficult, and evidence can be lost or destroyed with the passing of time which may make it impossible to ever prove your case. Also, there are established timeframes and laws for bringing these types of claims. Failure to timely file a claim could result in forever losing your right to bring a claim for your injuries and damages.