An average American uses hundreds of products every day, from soap and toothpaste to clothing, vehicles, electronics, and food. When a product is defective, it could malfunction and cause serious injuries.
Manufacturers are responsible for putting unsafe products on the market. When a consumer is injured due to a product defect, the manufacturer is liable and must pay compensation.
Product defects contribute to a surprising number of injuries. If you were hurt or your loved one was killed due to a defective product, call a Torrington product liability lawyer at D’Amico & Pettinicchi, LLC. Our experienced personal injury attorneys will review your case and advise you about the best next steps.
Many people find it surprising how often a defective product has a role in an injury. Sometimes, it’s obvious, like when a malfunctioning appliance causes a house fire. In other cases, it might not be so clear.
For example, the failure of a component on a vehicle often contributes to a crash. Defective road paint that is insufficiently reflective might lead to an accident. Drugs and medical devices often fail or have unintended consequences, leading to serious health impacts. Defective safety equipment can lead to sports injuries and recreational accidents. Many workplace accidents and construction site mishaps are due, at least in part, to faulty products.
Our Torrington attorneys thoroughly investigate every accident to determine whether a defective product contributed to an injury. If so, the manufacturer can be held liable for an injured person’s losses.
A manufacturer, distributor, or retailer who puts a product into the market when it is unsafe for reasonably anticipated use is strictly liable for losses the defective product causes. Strict liability means an injured person doesn’t need to show anyone was negligent; they need only prove that the product was unsafe.
However, proving the product is unsafe requires evidence that the product’s design was faulty, a manufacturing error occurred, or the label did not provide adequate instructions on the safe use of the product. Proving a product was defective can require extensive research and opinions from experts.
A manufacturer also is liable if an injured person can prove the manufacturer’s negligence led to their injury. A defendant is negligent when they fail to exercise reasonable care to prevent harm to others. In some circumstances, proving a manufacturer’s negligence might be easier than proving a product was defective.
When multiple people are injured by the same product, mass tort litigation—also called multi-district litigation—is an efficient and cost-effective way to hold the wrongdoers accountable. There are several mass tort cases underway at any given time.
In a mass tort action, the courts consolidate individual lawsuits filed by people alleging the same defective product caused them harm. Several plaintiffs with representative claims take their cases to trial and must prove the product was faulty. If they win, other plaintiffs need only prove their damages, which are the financial and non-economic losses they suffered due to the defective product.
Each state has statutes of limitation defining the time frames for product liability lawsuits, and every plaintiff in a mass tort must abide by the statute of limitation that applies in their state. Connecticut General Statutes § 52-577a allows a claimant three years from the date of injury to bring a lawsuit. However, in some cases, they cannot bring a claim if they bought the defective product more than ten years ago—unless the product’s expected useful lifespan is longer than ten years, or another exception applies. These determinations can be complicated, but a Torrington lawyer at D’Amico & Pettinicchi, LLC, can explain whether a product liability claim is viable in a specific case.
Defective products contribute to many different types of accidents. When you work with an experienced attorney from D’Amico & Pettinicchi, LLC, we will investigate the circumstances of your accident to determine whether a defective product played a role.
Talk to a Torrington product liability lawyer at our firm when you or a loved one suffers an injury in an accident. We offer free consultations in our office or remotely if you prefer. Schedule an appointment today.
