Ideally, the hundreds of products we come into contact with would have a zero percent chance of failure, but accidents do occur and are often due to the negligence of others. If you have been wrongfully injured as a result of a defective product, contact a Stratford product liability lawyer at Connolly Brennan Ralabate, PC right away. Call our Stratford office today at (203) 493-0093 and schedule a free consultation.
Product liability refers to an area of law that holds manufacturers, designers, and sellers of dangerous or defective goods responsible for any harm generated by their goods. A product liability lawsuit arises when someone is injured or killed by a defective or unreasonably dangerous product. The victim does not have to be the owner or purchaser of the product to bring a claim.
Product liability cases fall into three categories:
The problem with the product is present in its conception or blueprint, rather than the manufacturing of it. An example of design defect claim is a vehicle with an unreasonable propensity to rollover.
The defect is only present in a limited number, or a bad batch, of the product. Essentially, the problem happens on the production line or from defective components. An example of a manufacturing defect is a batch of baby formula that is tainted with a dangerous or mislabeled ingredient.
The defect is related to the instructions or marketing materials, or lack thereof, that come with the product. An example of a failure to warn claim is failing to provide a label on a medication that warns about known drug interactions.
For a product liability case to be successful, you will need to be able to prove the following elements:
If you are unsure whether or not you meet these requirements, discuss your accident with an experienced product liability lawyer.
Nothing is more important than protecting your health and first seeking medical care for your injuries. Be honest with your doctor and specific regarding the accident and your injuries.
Secondly, it is vitally important to preserve the product as is. Do not dispose of it or attempt to repair it. If this happens, your product liability case may be irrevocably damaged. If the product is, for example, a car or motorcycle that is covered by insurance, make arrangements with your insurer or your attorney to preserve it. Also, look for and keep any of the original packaging material, such as the manual and operating instructions that accompanied the item when you purchased it.
Lastly, consult with a Stratford product liability attorney, as Connecticut law only allows a limited time to pursue a product liability action. Generally, you have three years from the date of injury to file your claim, but certain exceptions and rules can shorten or lengthen this time.
If you or a loved one has been injured by a defective product, please contact Connolly Brennan Ralabate, PC to schedule a free, confidential consultation. Our Stratford office can be reached online or by calling (203) 493-0093.