Product liability cases can be based on certain facts that prove a negligent party is at fault for injuries caused by a defective product. However, in some cases, product liability cases may be pursued under a theory called strict liability, which is handled differently from typical negligence-based cases.
Determining which theory applies in your situation is a foundational step of your product liability claim, and the attorneys at D’Amico & Pettinicchi, LLC, can help you lay the groundwork to build a successful case. We have over 100 years of combined experience establishing liability in the most complex Connecticut product liability cases.
According to Connecticut law, product liability claims can be filed when a product causes personal injury, death, or property damage. One of the most challenging aspects of these types of cases is determining who to name as the defendant, which means the person you believe is responsible for your injuries. This is difficult because there are so many individuals and companies involved in designing, making, and selling a product. Where did the product defect occur, and who is liable for the damages?
In general, a product liability claim can be filed against a product seller or manufacturer, and those terms are defined in Connecticut’s statutes. State law specifically defines a product seller as:
A manufacturer is defined as:
There are three types of defects that could prompt a product liability claim: design, manufacturing, and marketing. One of the first steps in product liability cases is identifying at which stage of the product’s creation or sale the defect occurred. Flaws in the design of a product, which would make them unsafe regardless of how they were built, may result in designers and design companies being held liable. Mistakes or defects that occur when the item is being built or put together could be caused by the manufacturing company. Marketing defects can include labeling mistakes and the failure to warn consumers of potential risks.
In some product liability cases, an element of negligence, meaning that the person or company responsible for the defect acted negligently and caused the defect, may be proven. However, some cases involve strict liability, which means fault does not need to be proven. Figuring out which legal theory applies in which cases require an experienced product liability attorney.
If you need help establishing liability in your Connecticut product liability case, contact D’Amico & Pettinicchi, LLC. Our team prioritizes each client’s overall well-being by providing caring, diligent legal representation from start to finish. Contact us today to schedule a free consultation.