Product liability and accidents: Pursuing legal claims for defective products
Every year, thousands of people are injured or killed due to defective products. From faulty automobile parts to dangerous children’s toys, defective products can cause serious injuries and even death.
Connecticut’s product liability statute allows plaintiffs a three-year window from the occurrence of injury, death, or property damage to initiate a product liability lawsuit.
Nonetheless, if you reside in Connecticut and have suffered harm due to a defective product, it is highly advisable to promptly consult with lawyers at a reputable Connecticut personal injury law firm.
Delaying the process may result in the loss of crucial evidence during the intervening period. In such cases where a dangerous product harms a person, they may have a legal claim against the manufacturer or seller of that product.
What is product liability?
Product liability refers to the legal responsibility of manufacturers, distributors, and sellers for injuries caused by their products.
Under product liability laws, if a product causes injury or harm to a consumer, anyone involved in the production and distribution chain (manufacturer, distributor, or retailer) may be held legally responsible.
Types of product liability claims
There are three main types of product liability claims.
1) Strict liability
Under strict liability law, manufacturers can be held liable for defects in their products irrespective of negligence on their part; this means that it doesn’t matter whether they knew about the defect or not. Rather what matters is that as long as there was an existence of the defect, it makes them strictly liable for any harm that resulted from it.
Under negligence law theory, individuals need to prove malice or fault with respect to causing these accidents because it implies there was wrongful intent on the manufacturer’s part in making dangerous goods available in marketplaces, thereby harming consumers who ought to exercise reasonable care when using defective items.
3) Breach of warranty
Breach of warranty pertains to the violation of implied warranties, which are essentially assurances given by the manufacturer or seller during the purchase of goods, guaranteeing that they are free from defects.
In some instances, there may not be an explicit warranty at the time of purchase, but based on the conduct or intentions of the parties involved, an unwritten agreement can arise, potentially leading to claims for breach of warranty. As for things like home warranties, they can technically still be denied–which is something a lawyer can potentially help with.
Proving product liability claims
For a successful product liability claim, it is important to follow these guidelines:
- Injury: To file a lawsuit, you should have suffered physical injury.
- The defective product was the cause of that injury: The link between the consumption of the product and the harm caused should be shown.
- Defect: You need to prove that the product had a defect, either in design, manufacturing, or labeling. This means demonstrating that there was something wrong with the way in which the product was made.
- Use: It must be established how this product was used when said injuries occurred.
- Damages: What financial/emotional health-wise compensation is fair for the said injuries.
If all of these conditions are present, a victim can make a claim against those involved in the production chain, including manufacturers, distributors, and sellers, by hiring an attorney to help argue the case. However, you must file a case under statute limitations applied in your state.
Filing a product liability lawsuit
Filing a lawsuit regarding any matter can be grueling, particularly if you haven’t consulted expert attorneys. You would have to hire a lawyer specializing in fighting product liability lawsuit. You’re also advised to gather as much evidence/information as possible relating to injuries sustained, for example, photos and witness accounts, among others.
The manufacturer’s role
Manufacturers have strict responsibilities about what they produce and sell. They need to ensure that their products meet safety standards and are tested and evaluated properly before releasing them on the market.
Consumers’ court actions can result if they fail to adhere to such standard rules or provide insufficient precautions/ warnings regarding defects likely to occur before making items available.
Get compensation for your experience
Accidents resulting from defective products can have varying degrees of impact, encompassing emotional trauma, physical injuries, and long-term financial complications for the victims involved.
However, by following provided guidance and seeking assistance from a reputable law firm experienced in handling claims related to product defects, you can pursue compensation, protection, and justice for the distressing experiences you have endured.