Injured by a Defective Product?
Reach Out to Our Connecticut Product Liability Attorneys
When you buy a product, you have a general expectation that it will perform the task it was meant to do. If it fails to perform that task or hurts someone in the process, then that item may be defective. Individuals who suffered an injury due to a defective product may be able to recover compensation for their damages. However, these cases can be very complex, which means you may need the help of a product liability attorney.
At Walsh Woodard LLC, we have handled several cases involving many types of consumer products. From sporting goods and power tools to yard equipment and medical devices, we have a wide range of experience. Here is what you need to know if you want to pursue compensation after a defective product injures you.
What Is Product Liability?
When introducing a new product to the market, manufacturers have a lot of responsibilities. These responsibilities include making sure the product is reasonably safe for consumer use. If a manufacturer releases a dangerous product into the market, they may be responsible for any damages that defective item causes. This duty of care is product liability.
What Is Considered a Defective Product?
Just because a product is dangerous does not mean it is defective. For example, a circular saw can hurt someone, but that does not make it defective. However, a circular saw missing the required finger guard is defective.
Also, if you were using a product for a task it was not designed to handle, that product is not defective. How you use an item plays a big role in whether that device is defective. It is only when consumer goods fail to do their task as advertised and/or hurts you unexpectedly that it may be a defective product.
These subtle distinctions help define what a defective product is. But there are even more details for you to consider before filing a product liability lawsuit.
What Are the Three Types of Product Defects?
If a product harmed you due to any of the following defects, it may be time to call a product liability attorney.
- Improper marketing or labeling. If a manufacturer advertises an item or medicine for a purpose other than its intended use, a court could find that its labeling/marketing is defective. This type of defect also includes items that are missing critical information for consumers. Products can be defective if they are missing instruction manuals, side effect warnings, or hazard warning labels.
- Unsafe designs. If a flaw in the design of a product makes it unsafe during normal use, it may be defective. As a result, all products based on this design are defective, even if they were properly manufactured. This often happens when companies do not fully/properly test their products.
- Manufacturing errors. Contamination, missing parts, substandard parts can all ruin a properly designed product. If an item has any of these manufacturing problems, it could hurt its end-user. These manufacturing defects often stem from negligent production or cost-cutting measures.
What Are Common Defective Products?
Any product can be defective and lead to a product liability lawsuit, but some items have defects more than others. These items often include things like:
- Defective Automobiles – Manufacturers recall vehicles all the time. It is usually due to the failure of a part. Sometimes these bad parts are integral to safety devices such as seat belts, airbags or brakes.
- Defective Drug/Medical Devices – When a drug or medical device is defective, lives are on the line. These items may have side effects or other harms that change lives forever. For example, researchers linked Zantac to certain cancers. Another example is defective insulin pumps that distribute too much insulin while the user is asleep.
- Defective Appliances – Defective housewares can also malfunction causing both physical injury and property damage. Dryers or stoves may cause house fires, toasters or powered egg-beaters could electrocute. These items could leave medical bills, property loss, pain and suffering in their wake.
- Defective Children’s Products – According to the Consumer Product Safety Commission, thousands of children suffer injuries due to dangerous toys every year. These products often seem harmless but contain a defect that could be deadly to a young child. Parents need to practice extra caution when dealing with these items.
Can I Sue a Company for a Defective Product?
Manufacturers must ensure their products are safe for consumer use. If they fail to do so, they may be responsible for any injury those items may cause. However, this does not mean it is easy to get compensation if a defective product hurts you. There are time limits to file a product liability lawsuit. Companies will also defend themselves vigorously when it comes to these cases. You may need expert technicians, engineers and/or specialists to testify on the dangers of the defective product that injured you. Such witnesses can be expensive to enlist.
Our Hartford personal injury law firm has the experience you need to face negligent manufacturers. If, after investigating your case, we believe we can succeed in pursuing your case, we will pay the expenses of retaining the necessary experts. Our product liability attorneys only ask that you bear the costs after we have succeeded in obtaining a recovery.
Please do not hesitate to contact us if you would like assistance with a product liability matter. Remember, the initial consultation is free, so call (860) 549-8440 today!