Whenever a consumer invests in a product, whether for work or for fun, they reasonably expect it to perform as promised, and they certainly do not expect it to cause more harm than good. However, when a product is defective, that is often exactly what happens.
Given the severe injuries and costly property damage defective products can cause, those responsible for such problems should be required to shoulder some of the burden for the damage their products cause. That is where a Glastonbury product liability lawyer could help.
State laws provide legal means for consumers to recover compensation to offset the harm caused by defective products. An experienced personal injury attorney could assist you with filing a claim and advocate on your behalf to reach an equitable outcome. En Español.
Different Theories of Recovery in a Product Liability Lawsuit
The State of Connecticut provides three potential means a Glastonbury attorney could use to establish liability for a defective or dangerous product. First, the Connecticut Products Liability Act—starting in Connecticut General Statutes §52-572m—establishes the theory of strict product liability, which allows consumers to hold manufacturers, distributors, and sellers of products liable for defects in those products without having to prove legal negligence by any defendant.
It may also be possible to hold manufactures, sellers, and others liable under the theory of negligence or breach of warranty. Negligence involves a failure to live up to common practices in providing safe products, and breach of warranty involves a violation of an express or implied promise that came with the product when it was purchased.
Types of Defects in Defective Products Cases
There are generally three types of defects that may be applicable in product liability cases. If a product’s core design was so flawed that it could not possibly work safely even if manufactured perfectly, that product suffers from a design defect. Likewise, a manufacturing defect occurs when a properly designed product was incorrectly made or assembled.
Finally, marketing defects involve lack of adequate warnings, improper instructions for use, and poor packaging. If a product’s packaging or accompanying instructions fail to warn about certain dangers, that product’s manufacturer or distributor may be liable for any harm someone suffers as a result.
For instance, if a power saw should only be operated when the guard is in place but the consumer is not adequately warned of the dangers of operating the saw without the guard, the manufacturer or another party may be liable if a consumer is injured by using the saw without the guard in place. A defective products attorney in the area could go into greater detail about these various forms of liability and how they could apply to a plaintiff’s unique circumstances.
Speak with a Glastonbury Product Liability Attorney Today
The Connecticut statute of limitations on product liability lawsuits requires parties seeking compensation to file a claim within three years of the date when they suffer injury or loss, discover the loss they suffered, or should have discovered the harm if they had exercised reasonable care. However, you should still seek to collect evidence of the defect and associated harm as soon as possible, to ensure both compliance with the statute of limitations and preservation of key information.
A Glastonbury product liability lawyer could direct or assist with the gathering of evidence to build the strongest possible case. To learn whether you may be entitled to recover compensation for injuries or economic harm caused by a defective product, call today to schedule a consultation.