(203) 333-3339 Product Liability Attorney in Connecticut
If you sustained injuries resulting from a defective or malfunctioning product in Connecticut, you may have grounds to file a product liability claim against the manufacturer or seller. The Connecticut Product Liability Lawyer of Wocl Leydon Personal Injury Attorneys have extensive experience helping people just like you seek justice and fair compensation for injuries due to a defective product.
Any product you purchase could be harmful if it is not designed and manufactured correctly. Some of the most common types of products that could cause consumers severe harm include auto parts, children’s products, home improvement tools and lawn equipment, medical devices, and medications.
If a defective product has harmed you, our Connecticut product liability lawyer want to help. Contact us today to learn more in a free consultation.
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What Is Product Liability?
Product liability is an area of the law concerning a manufacturer or seller’s responsibility to produce and sell products that are safe to use. Product liability laws make it easier for people injured by unsafe or defective products to hold manufacturers or sellers accountable.
What Do You Have to Prove in a Product Liability Case in Connecticut?
In most personal injury cases, victims who wish to hold others responsible for their injuries must demonstrate that the other person or entity was negligent. Then, they must prove that the negligence of the other party directly contributed to their injuries.
In Connecticut product liability claims, consumers are not required to prove that a manufacturer or seller was negligent as long as they can demonstrate the three following elements:
- An unreasonably hazardous product defect was present. This includes defects that arise during the design, manufacturing, handling, or shipping processes.
- The product defect caused an injury to the consumer while the consumer used the product in a manner foreseeable to the manufacturer.
- The product was not substantially different from its condition at the time of sale when the injury occurred. In this case, a substantial difference affects a product’s performance.
Who Can Be Held Liable for a Defective Product in Connecticut?
Anyone involved in the distribution chain of a defective product may be held liable for injuries caused by the product. This includes:
- The manufacturer of the product
- The manufacturer of a product’s component parts
- The party responsible for assembling the product
- The party responsible for installing the product
- The wholesaler that sold the product to a retailer
- The retailer that sold the product to a consumer
Three Types of Product Defects
Defective products put consumers and those around them at risk of serious injury. There are three primary types of product defects:
- Manufacturing defects – Any defects that occur during the manufacturing or assembly process for a product. In most cases, manufacturing defects affect only a small percentage of goods produced by a manufacturer.
- Design defects – Flaws in the initial planning, blueprints, or design of a product. When a product’s design is faulty from the beginning, even proper manufacturing and labeling are not enough to overcome the potential risk to consumers.
- Warning defects – Some products pose safety hazards no matter how carefully they are designed or manufactured, such as many power tools. When these products do not feature appropriate warning instructions, manufacturers and sellers may be liable for injuries to customers.
Common Examples of Consumer Products with Defects
At Wocl Leydon, we commonly see product liability claims related to the following types of defective consumer products:
- Motor vehicles – Cars, trucks, and motorcycles contain thousands of moving parts. A malfunction or defect affecting just one critical component can lead to devastating loss-of-control accidents and severe injuries. In other cases, an automotive defect doesn’t cause the crash, but it makes the injuries far worse than they should have been.
- Talcum powder – Recent studies have shown that some talc-containing baby powder products contain dangerous levels of asbestos and may be linked to cancers such as mesothelioma and ovarian cancer.
- Roundup – Roundup, one of the most popular pesticides in history, has been linked to cases of non-Hodgkin’s lymphoma, a type of cancer that affects white blood cells. Roundup manufacturer Bayer has settled thousands of Roundup lawsuits in the U.S., but many more remain.
- Zantac and other Dangerous medications – When prescription medications are not properly formulated, tested, or labeled, patients are at risk for adverse side effects that are sometimes fatal.
- Medical devices such as hernia mesh and hip replacements – Some modern medical devices are important diagnostic or treatment tools, and in some cases, devices are even implanted into patients’ bodies. When a medical device is not designed or manufactured correctly, patients may suffer permanent or even fatal injuries.
- Children’s Products – Products designed or intended for young children are subject to various safety standards. When manufacturers that produce toys, strollers, cribs, or other children’s products fail to meet these standards, children can be seriously injured.
When defective products cause injuries, victims can seek compensation for their losses in product liability claims. With a successful claim, you could be entitled to money as repayment for losses associated with your injuries, such as: