Hartford Product Liability Attorneys
Holding manufacturers responsible for defective product-related injuries in Hartford and Manchester, CT
You are owed a duty of care by a manufacturer who places their product on the market for sale to the general public. That product needs to be safe for use to any and every possible consumer. Companies are constantly looking for more ways to increase profits and revenue, which can lead to dangerous outcomes for the consumers who trust them.
Determining that the cause of the injury came from a defective product is just one factor in a product liability claim; fighting to ensure justice is met is another. The Hartford product liability lawyers of Barry, Barall & Spinella, LLC can help you and your family move forward if you sustained serious personal injuries because of a defective product. We are not afraid to take on the tough challenges for our clients. Call us today to learn more.
The most common causes of product liability
There are limitless products on the market for consumers to purchase in every category imaginable. Injuries can stem from any product that goes through a design and manufacturing process. Far from an exhaustive list, some of the more commonly seen defective products that harm the public are:
- Motor vehicles defects. Maybe you were injured in a motorcycle accident when the brakes failed or maybe your car accident was the result of malfunctioning brake lights. If your vehicle did not operate properly and caused harm to you or another, a defective part may be to blame.
- E-cigarettes. A barrage of mysterious lung illnesses has plagued the news after thousands of people across the country have become ill from vaping liquid used in electronic cigarettes. These products are also marketed as non-combustible, yet there have been numerous instances count of fires and explosions stemming from the devices overheating and causing catastrophic injuries and death.
- Medications. You see the commercials and you hear the long list of side effects, but the FDA can only do so much to protect the public with so many medications being produced each year. Not all medications are safe, or are even produced with the same care when selling to the masses.
- Medical devices. Since 2008, defective medical devices have caused more than 80,000 deaths in the United States. Everything from spinal cord stimulators to hernia mesh have caused victims unmanageable pain and loss of life.
- Fireworks. Fireworks are illegal in Connecticut for personal use, but that does not mean that residents don’t drive across state lines to purchase them and partake in the festivities. Despite the fact that these products are only intended for professional use in Connecticut, the manufacturers are still required to produce and sell safe products. If you set off fireworks that cause you injury because of a malfunction of the device, you may be entitled to recover damages in the form of compensation.
Pay attention to product recalls
If you have been injured by a product you have purchased or just used, you may want to check to see whether there has been a recall issued. The absence of a recall alert may signal that the manufacturer is unaware of the problem and needs to be notified of the danger.
Car manufacturers typically issue recalls by email and U.S. Mail because vehicle owners are registered and therefore easier to locate for notification.
Locating a product recall can sometimes be as simple as visiting recalls.gov where you can look up recalls on everything from chewing gum to motor vehicles.
What you need to know about filing a product liability claim
The Connecticut Product Liability Act makes it clear when a claim may exist for injuries related to a defective product. When the product manufacturer and those associated with the product’s production and sale put an unreasonably dangerous product into the stream of commerce that caused an injury due to a defect that existed before it left the manufacturer, you may have a products liability claim.
Questions that our attorneys can begin to investigate and answer after your initial consultation will help determine the proper direction of your claim, and who should be held responsible for your injuries:
- Was there negligence?
- Was a warranty breached?
- Did misrepresentation occur?
Because products are deemed by consumers to be inherently safe just by being placed on the market for purchase, a manufacturer of a defective product may be held strictly liable for any injuries to the user. Under this legal claim, no finding of negligence on the part of the company is required — only a finding that someone was injured by the product is necessary.
Who is liable in a Hartford product liability claim?
Everyone who engages in the process of manufacturing a product and putting it into the hands of the public risks being held liable for any injuries or damage caused by a defective product. Designers, line assemblers, component fabricators, those in charge of packaging, and even retailers can all contribute to liability.
There are three basic categories of defects to look at when determining a claim:
- Manufacturing defects occur when a product departs from its intended design making it more dangerous than consumers are expecting based on the labeling and instructions for use. These defects occur during the construction or production of the item and a limited number of the product will be produced with the dangerous flaw.
- Design defects involve an unreasonably dangerous design flaw that exist before the product is manufactured. In Connecticut, the plaintiff has to prove that the design was safety-deficient.
- Marketing defects include everything from improper labeling to failure to warn of risks or providing insufficient instructions for use.
Is there a time limit to file a product liability claim?
With few exceptions, the statute of limitations that applies to product liability claims in Connecticut permits a lawsuit to be filed within three years of the date when the injury, death or property damage is first sustained or reasonably should have been discovered.
Do not delay seeking legal advice when you have been injured. The legal process has many moving parts, and can be slow at times, leaving you little time to act. For the best results, contact a Manchester products liability attorney as soon as possible to begin the investigation process and preserve any valuable evidence that will be helpful to your case.
Damages for which you could be compensated
The damages compensation you are entitled to in a products liability case vary based upon the claim or claims you pursue. Compensatory damages for personal injury and punitive damages may both be recovered.
Our attorneys are here to help you seek the compensation you deserve for the injuries you sustained due to the carelessness of a manufacturer. You don’t have to bear the burden of your injuries alone.
Manchester resources for product liability victims
Being injured by a product you trusted is always shocking. Once you get past the disbelief that you or a loved one has become seriously hurt simply from using a consumer good as it was intended to be used, you may need additional assistance to deal with the aftermath. Below you will find some helpful agencies to turn to.
Manchester Police Department
Our Manchester product liability attorneys are always by your side
If you have been hurt by a product that you purchased or borrowed and are considering filing a products liability claim, speak with one of our Manchester products liability attorneys at Barry, Barall & Spinella, LLC. To schedule your free no-obligation consultation, call our office at 860-649-4400 or reach out to us through our contact form today. We’re located right off I-384 in Manchester.