When a person suffers personal harm due to a design or manufacturing flaw that was not discovered before the product’s release for sale, a defective product liability claim may be brought.
Speak With an Experienced Personal injury Attorney
Consumers who suffer injuries from defective items have three (3) years from the date of the damage to file a lawsuit against the manufacturer under the Connecticut Product Liability Act. It would help if you spoke with personal injury lawyers as soon as you feel that a faulty or unsafe product has harmed you since the law mandates that defective product cases be filed within these stringent time frames.
Defective Products Act of 1991
The Liability for Defective Products Act of 1991 states that it is the injured party’s responsibility to substantiate the cause of the incident. Additionally, they must demonstrate that the harm was brought on by the flaw. Poorly made products seriously endanger the user’s health and safety. Laws governing product liability are more complex than those governing other types of personal harm claims. It is therefore advised that you consult an injury claims attorney to ascertain whether or not your case is appropriate. A variety of factors might cause products to be faulty or defective.
The manufacturer is typically held accountable for any accidents or injuries that occur. However, if a product is destroyed while being sold, the store that sold it may occasionally be held liable. The identification of the party responsible for the accident is a crucial initial step in the claims process. Vehicles, cosmetics, electronics, gardening tools, children’s toys, and medical equipment are just a few examples of products that can be defective.
1991 Act on Product Liability and Defective Products
This Act aims to establish who is responsible for harm caused by a defective product. According to this Act, the maker will be liable for any losses to either property or a person from a defective product. A product is deemed faulty if it does not ensure a person’s health and safety. When deciding whether a product is defective, the manufacturer is expected to exercise due diligence on behalf of all consumers.
This Act considers these factors:
- When the item became obtainable
- The product’s presentation
- How the item is meant to be used
It is important to remember that if a better product becomes available, the original product is not considered defective. The aggrieved party is responsible for demonstrating that any accidents or injuries were brought on by the product’s flaws when filing a claim for a defective product.
If a producer can demonstrate that the flaw that led to the damage was not their doing, they will not be held accountable. Especially if there was a design flaw or no flaw at the time it was put on the market. This is due to the possibility that they merely supplied a product component that had no bearing on the accidents or sustained injuries.
The Producer in the Case of a Defective Product Injury
This liability commonly defines the producer of a product for the Defective Products Act of 1991 as anyone who:
- Is engaged in producing a finished product or one of its component elements.
- Processes any raw materials, including agricultural, animal, and other soil products.
- Owns a trademark or puts their name on a product.
- Imported the item from a region outside of the European Union.
Types of Product Defects
There are numerous flaws that may make a product dangerous giving rise to product liability claims. The following are the three most common types of defects:
This is typically due to the use of a defective material or component during manufacturing. Poor artistry or the use of subpar, possibly inexpensively made materials are two major causes of this. In this instance, the manufacturer will be held accountable for any resulting harm.
Because of this flaw in the product’s design, using it is hazardous. Even if the product is correctly made with the best materials, this can still happen. As a result, the product can be dangerous to its intended users.
Mistakes in marketing (Insufficient Warnings or Directions)
This is another common type of product flaw. Generally, it refers to omitting information about known product hazards or dangers from the consumers. Every producer and merchant is responsible for ensuring that all customers are aware of potential risks. Placing warning labels on the goods is a simple approach to let the consumer know what risks they might face. This should contain crucial information required to guarantee the secure usage of any product.
Cases of Defective Products
To recognize the various types of claims and frequently faulty items, it is best to have very experienced lawyers because product liability law is challenging for the average attorney. Our harmful and faulty product attorneys have handled claims involving:
- Faulty vehicles
- Unreliable tires
- Faulty aircrafts
- Faulty guardrails
- Faulty medical equipment
- Hazardous office supplies
- Faulty or dangerous recreational products
- Children’s items with flaws
- Dangerous household items
- Additional flawed goods (such as defective firearms)
Cases involving defective products are complex, and each field mentioned above has particular features and processes. To help you with your issue, you need a product liability attorney with years of experience and outstanding results when handling cases of this type.
A personal injury lawyer can expertly guide a client through the process like a local escort. They help you understand complex legal theories, translate medical and legalese terminology, and navigate the maze of paperwork that close-to-home injury claims demand.
One common tip is to avoid making a statement to the insurance company of the party at fault because they will just look for ways to dispute the claim. To establish the link between the product and the injury, a personal injury attorney may also advise you to seek medical attention.
A specific financial award cannot be guaranteed by any lawyer for a defective product. Nevertheless, we will go over the options with you at your free initial appointment.
You will require the services of a knowledgeable product liability attorney if you have been injured by a product that was improperly designed or constructed or if the manufacturer or distributor failed to properly warn you of the risks associated with the product.