A product liability case is a type of civil action in which the plaintiff was injured by a dangerous or faulty product. The United States is the largest consumer economy in the world, so there are accordingly strict laws about how products can be marketed and how safe they must be. When a product fail to adhere to these standards, injured consumers may be able to seek compensation for the harm they experienced due to that faulty product.
If you experience an injury from a faulty, incorrectly designed, or dangerous product, contact a Manchester product liability lawyer as soon as possible. Depending on the circumstances of your case, the manufacturer, designer, or seller of the product may be legally liable for your injury, and a skilled personal injury attorney could help collect and preserve the evidence necessary to secure a positive result in your case. En Español.
Damages Eligible for Compensation
There are two primary kinds of damages for which a victim can seek compensation in a product liability case with the help of a seasoned Manchester attorney. The first category, economic damages, includes all the harms that directly affect the injured person’s finances. Examples of this kind of damage include lost wages as a result of being injured and out of work, medical expenses, and the cost of replacing or repairing any damaged property.
On the other hand, some harms are not directly tied to finances but are still worthy of compensation. These are called non-economic damages and include losses like pain and suffering, inability to engage in a beloved hobby as a result of the injury, loss of consortium with family, and potentially the psychological impact of becoming permanently disfigured.
Though rare, the court may also elect to impose punitive damages on the at-fault party as a way of punishing them for extremely reckless or willfully harmful behavior. In product liability cases, Connecticut General Statutes §52-240b states that punitive damages cannot total more than twice the sum of the economic and non-economic damages awarded to the injured person.
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Statute of Limitations in Product Liability Cases
The statute of limitations for product liability claims is three years. Under CGS §52-577a, an injured person must bring their claim to the courts within three years of the date of their injury or the date on which they discovered their injury.
In some situations, victims may be able to sue manufacturers and/or designers of faulty products if the product left the possession of those defendants within ten years of the injury. The law is complex, but experienced product liability attorneys in Manchester may be able to shed light on the relevant issues for injured consumers and help them understand the deadlines and processes that apply to their case.
Whenever you purchase merchandise—be it a kitchen appliance, a motor vehicle, a vacuum cleaner, or anything else—you expect that it will be in good working order and free from defects. Unfortunately, defective products frequently cause injuries and illness to customers.
If a defective product causes you to sustain a severe injury or suffer an illness, you have legal rights and might benefit from speaking with a knowledgable personal injury attorney. A Manchester defective products lawyer could review the circumstances surrounding your injury and take action against the product manufacturer or distributor.
Types of Defective Products
Almost any product on the market could cause harm without proper manufacturing. Defective products that may cause injuries to consumers can include:
- Medical devices – defective medical devices can include implants, pacemakers, and other internal devices
- Safety equipment – defective safety equipment can include smoke detectors and fire alarms
- Drugs – defective drugs can include both over-the-counter and prescription drugs that have unexpected side effects
- Toys – defective children’s toys can include toys with small parts or toys that are capable of snapping or breaking easily
The consequences of defective commercial products may include spinal cord damage, traumatic brain injuries, disfigurement, blindness, and even death. An experienced defective products attorney in Manchester could file a claim and pursue monetary compensation for a complainant’s injuries.
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Theories of Product Liability
When it comes to defective product liability, different theories of liability may apply to certain cases. An injured party may file a claim based on any of these theories against any individual or entity that is part of the chain of distribution, including the distributor, manufacturer, retailer, or parts supplier.
Negligence
Under a negligence theory of recovery, the injured victim must show that the responsible party failed to act reasonably in manufacturing, selling, distributing, or supplying the product.
Strict Liability
Under a strict liability theory of recovery, the responsible party must have placed a dangerous or defective product into the marketplace. Furthermore, the product must have harmed someone who was using the product for its intended purpose.
Breach of Warranty
Finally, an injured person may claim breach of warranty after purchasing a defective product. A breach of warranty claim arises when a warranty states that a product is safe to use. When the product fails, and injuries occur, the injured person may bring a claim.
If someone has further questions about defective product liability, they should contact a Manchester defective products attorney.
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Proving that a Product is Defective
To show that a product is defective, the injury victim must establish that the at-fault person or entity is a “product seller,” such as a manufacturer, distributor, wholesaler, or retailer. The injured person must also show that the product was defective when it left the defendant’s control. A Manchester attorney could help injured victims obtain the evidence necessary to prove a defective product claim.
Talk to a Manchester Product Liability Attorney Today
Filing a personal injury claim can seem daunting, especially when it requires you to go up against a large store or product manufacturer. An experienced Manchester product liability lawyer could partner with an expert witness to testify regarding fair valuations for your damages, collect evidence of medical bills and lost wages, and argue on your behalf in court.
By having a skilled attorney on your side, you could more effectively work to get your life and that of your family back on track. Call today for a consultation.
