WHEN YOU ARE INJURED BY A DANGEROUS PRODUCT
Identifying Dangerous Products And Proving Liability
Dangerous and defective products are distributed across the country at an astounding rate. Whether a manufacturer has failed to adequately test a product or provide a sufficient warning label, consumers are always the ones exposed to the risk of a potentially dangerous product.
When the general public is left in the dark about the household items that they possess, the consequences can be devastating, especially if the dangerous or defective product has made its way into the hands of a child or a loved one.
Fortunately, the law allows for victims to recover monetary compensation for the harm they have sustained through a product liability lawsuit.
What Constitutes Product Liability For Dangerous And Defective Products?
The Connecticut Product Liability Act explains that “those who put defective products into the stream of commerce shall be liable to people who suffer injuries or damages.”
To determine liability, however, the injured consumer must be able to show that:
- The product was sold or manufactured by the defendant
- The product was defective in some way
- The defect existed when it left the manufacturer
- The defect ultimately caused an injury
If you have been injured by a dangerous or defective product, but you are unsure of whether or not you have a valid case to pursue, it is important that you discuss the circumstances of your injury with an experienced personal injury attorney immediately.
At McCoy & McCoy, our principal lawyer, Frank McCoy Jr., is certified in civil trial law by the National Board of Trial Advocacy — a distinction that fewer than 0.5 percent of all Connecticut lawyers have earned. Based in Hartford, we represent people throughout the state who have been injured in all types of circumstances, and we have been securing top results since 1960.
What Steps Can You Take If You Were Injured By A Defective Product?
If you have been injured due to the carelessness of a product’s maker, you maintain the right to pursue legal action. First, however, you must identify who is responsible for putting the dangerous item on the shelf, as product liability laws can hold manufacturers, suppliers, retailers and distributors accountable for putting a faulty product on the market.
In order to do so, you must assess what type of injury you have suffered and how that injury came about. To start, it is important to understand that there are three types of defects that may exist, including a manufacturing defect, a design defect and a marketing defect — also known as a failure to warn.
- A manufacturing defect applies to the poor construction of a product.
- A design defect occurs when the product was designed to be inherently dangerous.
- A marketing defect refers to improper or insufficient labeling.
It is vital that you enlist the help of an experienced personal injury attorney as soon as possible. It is important to act quickly, as the statute of limitations in the state mandates that you file a lawsuit within three years of the date of injury.
Even if you are unsure of whether or not you have grounds to file a lawsuit, our firm still welcomes the chance to assess your case and provide you with the information that you are looking for.
Please call us at 860-856-9283 to speak with an attorney today.