Product Liability Lawyer
Consumers place their trust in manufacturers and believe that they will deliver high-quality goods consistently. Unfortunately, some manufacturers may not live up to their end of the deal, and you may be forced to seek the services of a product liability lawyer or defective products lawyer.
Product liability claims can emerge for different reasons. If you are not sure that you have a legitimate case on your hands, you should consult with experienced personal injury lawyers.
Definition of a Defective Product
How can you tell if you will need the assistance of a product liability lawyer? Confirming that you were given a defective product will help clear matters up considerably. Products can be defective in three different ways.
- The product in question may have been flawed from the start. A flaw in the product’s design may be the reason it poses a danger to users. The manufacturers should have recognized that flaw and addressed it.
- A product may also be deemed defective because it suffers from a manufacturing flaw. The product may not work as intended because a part is missing or someone arranged certain components incorrectly. Items that use electricity are particularly dangerous if they are affected by manufacturing errors.
- Products can also be defective because they are not labeled properly. If a particular product contains deadly chemicals or presents choking hazards, its manufacturer must indicate those dangers.
After filing your product liability lawsuit, the manufacturers may counter by saying that their design is not flawed. They may claim that their product is safe and that you used it incorrectly when you received the injury. What do you need to show to prove that their design was indeed defective?
One thing you want to focus on is the product design. You should seek to show that merely using the product as intended can lead to an accident. There is no need for you to use it irresponsibly to get hurt.
You should also seek to prove that the manufacturer should have known about the product’s defective design immediately. Demonstrate that any careful inspection of the production would have revealed its inherently dangerous form. Seek out the services of a legal expert as you try to make those points in your product liability case.
Product Issues Caused by Defective Design
The issues affecting the product you bought could be related to defective design. That means the issue was present even before the item went into production.
For example, the new chef’s knife you bought to use at home may be defective. After taking it out of the package, you may suspect that its handle is slippery. While trying to inspect the knife further, it may slip from your grasp and cut your fingers. Upon doing research, you discovered that the manufacturers added the slippery handle intentionally. They may have believed it enhances the knife’s aesthetic appeal.
No matter what the manufacturer’s motivations may have been, it would be reasonable for you to claim that their design was defective. A product liability attorney can help you out if you wish to file a lawsuit against the manufacturer of that dangerous product.
Product Issues Caused by Manufacturing Errors
Unlike design defects, manufacturing errors emerge later in the production line. They may pop up while they put the product together. For whatever reason, the people in charge of quality assurance failed to catch the defects in time.
Since the state of Connecticut adheres to the principle of strict liability, you could hold the manufacturers responsible if they sold you a defective product. As long as the defect emerged during the production process, the manufacturers must answer for them.
The manufacturing error could come into play while you are driving your car in Simsbury, Glastonbury, or Hartford County, CT. An issue with the steering wheel could lead you to lose control of your vehicle. You may get into an accident mainly because your vehicle was defective and require the services of a car accident lawyer.
Product Lacks Warning Labels and Proper Instructions
According to Connecticut law, products can also be defective because they lack warnings labels and instructions. Manufacturers are obligated to include those warning labels to keep consumers safe.
Examples of products that may need to provide warning labels include forms of medication, toys for kids, and electric tools. Those are some common examples, but other products may also require labels and instructions.
When Are Warning Labels and Instructions Required?
They base the need for manufacturers to include warning labels on different factors.
Among those factors is the likelihood that their products could cause the injury you suffered. The manufacturers must also consider if the people who bought their product could have anticipated the dangers it could cause without any warning. The court will also consider if the manufacturers could have added the warning labels and instructions without much trouble.
For your part, you must prove that you would not have sustained your injuries had the manufacturers included adequate warning labels.
How Will a Product Liability Lawyer in Connecticut Help with My Case?
We mentioned that you should look for a defective products attorney if you received injuries from a defective item. But why is taking that step necessary? The reasons detailed below should help you answer that question.
- Understand How the Defective Product Contributed to Your Injuries: Defective products do not only cause minor burns or cuts. If the defective product you were using was something like a car, you could end up badly hurt. Your personal injury lawyers can investigate your case to understand how the defective product caused your injuries. They can determine if your car accident was the cause of driver error or a malfunctioning vehicle.
- Collect Evidence Proving the Product Was Defective: The product liability attorney you hired can also collect pieces of evidence to prove that a specific item was defective. Your defective products attorney can show if a product was ill-conceived or carelessly manufactured.
- Communicate with the Other Side: You may be in bad shape due to the injuries caused by the defective product. At the moment, you are probably in no condition to negotiate or even talk to the other side and their legal representatives. Let your lawyer step in and handle those conversations while you take the time to recover.
Understanding Connecticut Product Liability Laws
Knowing about Connecticut’s product liability laws will help you take action properly. Let’s discuss some of the state’s more important product liability laws:
Limitation of Liability for Manufacturers
To shield themselves against liability, manufacturers may claim that they did not release defective products. Instead, they may point to another company as the party responsible for the defects. They may suggest that modifications implemented by that third party were the causes of the complaints. That is a valid defense, but you can disprove it.
The third party may present evidence that they made the modifications according to the manufacturer’s instructions. They may also note that the manufacturer consented to the changes. Also, the third party can argue that the manufacturer should have known they would make those changes, so precautionary measures should have been in place.
You can identify who the defendant should be in your case after understanding those Connecticut laws better.
Modified Comparative Negligence
The principle of modified comparative negligence states that a plaintiff’s compensation may become reduced based on the percentage of blame they bear for an accident. Furthermore, a plaintiff may not be entitled to compensation if they are more than 50% to blame for what happened.
Statute of Limitations
The state of Connecticut gives plaintiffs up to three years to file their lawsuit after they are injured by a defective product. However, there is an exception to that rule. Crucially, the clock only starts from the date you discovered the injury.
Do note that the statute of repose can also come into play in these types of cases. Due to the statute of repose, you cannot file a product liability lawsuit if you have not possessed the defective item for over ten years. Keep those time limits in mind if you are Glastonbury, Hartford, or Simsbury, CT resident planning to take legal action.
Types of Defective Product Cases
All kinds of items may be at the center of defective product cases. Examples of those products include automobiles, replacement parts for those automobiles, household appliances, toys, power tools, gadgets, and even different types of medication.
As long as a product is defective based on the ways we discussed earlier, you can hold a manufacturer responsible for releasing it.
What Type of Compensation Can I Expect from My Defective Products Case?
The compensation you receive from your personal injury lawsuit should include both economic and non-economic damages.
Economic damages in personal injury cases will often cover medical bills. Your compensation should cover the payments that are already due as well as the future payments you will need to make as you seek additional treatment. Plaintiffs in these cases may also receive compensation for damaged property and wages they lost because they had to stay in the hospital.
Non-economic damages compensate plaintiffs for their pain and suffering. The court will also consider increasing your compensation if you missed out on certain opportunities due to your injuries.
How to File a Product Liability Claim in Connecticut
Before doing anything else, you need to partner with a defective product law firm if you intend to file a product liability claim. You will need their assistance throughout this process, so reach out to them as soon as you can.
Together with your legal representatives, you can now compile evidence proving that the product that injured you was indeed defective. Collect evidence showing that the product is defective based on its design, how they made it, or its lack of warning labels.
After establishing that the manufacturer did make a mistake with releasing that product, you can now file your lawsuit. Remember to file as soon as you have the case built up so you do not risk exceeding the statute of limitations.
What Do You Need to Prove if You are Claiming That a Product Featured a Manufacturing Defect?
If you are basing your product liability lawsuit on manufacturing defects, you must set out to prove a couple of things. First, you need to prove that the accident which caused your injury was related to the product’s defects. In the example we provided above, you must prove that the accident was a byproduct of the defective steering wheel instead of your negligence.
The other thing you must prove is that you did not cause the defect, and the product was defective before you bought it. Partner with a product liability lawyer so you can prove those facts of your case.
Defective Products Lawyers
You deserve compensation if you were injured by a defective product. Contact us our defective products lawyers and we will help you receive compensation for your injuries.
Looking for a “product liability lawyer near me“? Some of the locations in and around Hartford County our lawyers serve include: Hartford, Simsbury, Glastonbury, New Britain, Bridgeport, Waterbury, Danbury, Norwalk, Manchester, Windsor, Farmington, Windsor Locks, Wethersfield, Rocky Hill, Avon, Bloomfield, Bristol, Enfield, Newington, South Windsor, Southington, Plainville and more.