Dealing with a defective product can be frustrating and, in some cases, downright dangerous. Whether it is a malfunctioning appliance, a flawed toy or a faulty vehicle part, defective products can lead to serious injuries and even fatalities.
In such instances, you may qualify to receive compensation through a defective product claim.
What is a defective product claim?
This type of personal injury claim typically arises when a consumer sustains injuries or suffers harm due to a product’s defectiveness. These defects can manifest during the design, manufacturing or labeling process of the product.
Certain key elements generally characterize these claims.
Establishing liability
Manufacturers, distributors and retailers can all potentially be responsible for injuries caused by defective products. In legal terms, these parties owe consumers a duty of care to ensure the products they offer are safe for their intended use.
Demonstrating the defect
There are three main types of defects: design defects, manufacturing defects and marketing defects (such as inadequate warnings or instructions). Evidence such as product recalls, expert testimonies and documentation of injuries can support the claim of a defective product.
Proving causation
The injured party must show that the defect directly caused their injuries or losses. This requires linking the defect to the harm suffered, which can sometimes be complex and require expert analysis.
Statute of limitations
In addition to these elements, time constraints known as statutes of limitations apply to defective product claims. In Connecticut, you typically have two years to file a lawsuit after the discovery of the defect or the occurrence of the injury.
Duty of care
Duty of care in defective product claims refers to the legal obligation that manufacturers, distributors and retailers have to ensure that the products they produce, distribute or sell are safe for their intended use. This duty extends to consumers who purchase and use these products.
Manufacturers should design products that are free from defects and pose minimal risks to consumers. This includes conducting thorough testing and quality control measures throughout production to identify and address potential hazards.
Distributors and retailers also have a duty to exercise reasonable care when handling and selling products to consumers. This duty may involve inspecting products for defects, following proper storage and handling procedures and providing accurate information and warnings about potential risks associated with the products.
Liability
To establish liability in defective product claims, plaintiffs must show that the responsible party breached their duty of care by introducing a defective product into the marketplace. They must also prove that this breach of duty directly caused their injuries or damages.
The goal
Defective product claims serve to hold manufacturers and other parties accountable for the harm caused by their products.