Hartford Dangerous Defective Products Attorneys
Injured by a Defective Product?
Hartford Defective Product Attorneys Can Help You Recover
Manufacturers have a responsibility to properly test new products before they are released to consumers. Any failure to do so could result in a malfunction or other defect that causes someone an injury. Scarily enough, the most common defective products include things we use every day such as automobiles, power tools, medical equipment and medications. The law in this area requires that an injured person demonstrate that the product did not adequately warn of the potential dangers or that the design or manufacture of the product was unreasonably flawed and caused injury. If you are able to prove that, then one of our local Hartford defective product attorneys can fight to ensure that you receive rightful compensation for damages.
The Connecticut law office of Walsh Woodard, LLC has experience with handling personal injury cases involving a wide array of defective products including sporting equipment, medical devices, power tools, lawn mowers, tractors — among many other consumer products. These cases usually require expert technicians, engineers or other specialists who are intimately familiar with a particular product, its design, its intended uses and its potential dangers. We have built strong trusting relationships with several of these experts in the local community as well as across the country in order to help clients reach a favorable outcome. Defective product cases are usually vigorously defended by the manufacturers and require substantial costs to litigate. If we investigate your case and believe we can win you a favorable outcome, then we will pay the expenses of retaining the necessary experts up front.
How Is Product Liability Determined?
Generally speaking, when a person is injured by a defective product, they have the right to pursue legal action. However, whether or not he or she will receive a favorable result is a harder question to answer. Even if you are in the right, expect to face fierce opposition from the manufacturer (and their sizable retainer of lawyers) and any other liable parties involved in the case. Please note that each product liability lawsuit case is typically determined based on the laws of the state you reside in.
Typically, if you can prove the following against one or more parties, then you will have a better chance at receiving a favorable outcome:
- Negligence. As mentioned, manufacturers are responsible for putting a new product through rigorous testing before they release it on the market for consumers to buy. An experienced defective product attorney will be able to obtain a company’s records and other related information in an attempt to prove liability.
- Breach of Warranty. A warranty is basically a contract between you and a company to ensure the quality of the product. Whether that warranty is for a motor vehicle, lawn mower or other consumer product, you can pursue a product liability claim if you were injured by a product still under most types of warranties (express, implied or otherwise).
- Misrepresentation. If a manufacturer or seller falsely advertises a product and releases it to the public, then they are increasing the chances that someone will get hurt. They are further increasing their chances of facing the consequences in a product liability lawsuit. However, misrepresentation of a product does not always have to be intentional — a company can still be held liable in the event someone is injured using that product. There are many ways to pursue a claim of misrepresentation. A skilled product liability attorney can go over which options pertain to your case.
If you have been injured by a defective product and want to pursue a product liability claim, then it is in your best interest to hire experienced Hartford defective product attorneys from Walsh Woodard, LLC. They can help you prove liability against relevant parties by bringing in expert witnesses and conducting intensive investigative work.
What Is Strict Liability?
Oftentimes, a wrongfully injured person does not even have to prove negligence in a product liability case. Even if the manufacturer proves that testing and other regulations were followed, for example, you can still pursue a strict liability claim against all liable parties if you were injured while using a product in the way it was intended to be used.
Typically, you can only file a strict liability claim if the following conditions are met:
- “Unreasonable danger”. If you were put in unreasonable danger when using the product in question, then you can reasonably expect this condition to be satisfied. The source of the danger can be a result of the product’s design, manufacturing process or mishandling during shipment.
- Intended use injury. You buy products because you want to use them the way you saw advertised. If you were injured while using a product the way it was intended to be used, then your product liability case will be stronger.
- Tampering. This last condition is the hardest one to prove. You must be able to show that the product that caused the injury was “substantially changed” from its original condition. In other words, the product has been tampered with to the point that the change makes the product unsafe for use.
Please note, however, that if a company issues a recall for a specific product and you do not stop using that product — and are subsequently injured as a result — that you likely will not win a product liability case.
Have Questions About Product Liability? We Can Help — Call Today
The modern world is driven in large part by consumerism. Average citizens of America and around the globe have an understood duty to drive the world market by buying products. By supporting local and global artisans and larger companies, we each perform that duty every day expecting to get what was advertised. When that understood trust between and manufacturer or seller is broken by issuing a defective product that injures a faithful consumer, he or she has the right to pursue legal action.
If you or someone you know has been injured due to a defective product, then know that you have legal rights and options. One of the Hartford defective product attorneys from Walsh Woodard, LLC can help you explore all of the viable rights and options available to you during a free initial consultation. Contact us today to see how we can help you.