The Upton Law Firm represents individuals in Connecticut who were injured by a defective product. Product liability litigation can be complex, and claims are often vigorously defended by the corporate giants and their armies of lawyers. Yet the attorneys at The Upton Law Firm have the skills, experience, resources and determination necessary to go up against big business and corporate America, and hold them accountable when they design or build products which are unreasonably unsafe.
Holding Manufacturers Strictly Liable for Unsafe Products
A product liability claim can be brought under many different legal theories, including negligence, breach of warranty, misrepresentation, and strict liability. In a strict liability claim, it is not necessary to prove that the maker of the product was negligent, but only that they put out a defective product that caused injury. Under the Connecticut Product Liability Act, those who put defective products into the stream of commerce are liable to people injured by those defective products.
There are four elements to proving a product defect injury claim under the Connecticut Product Liability Act. In order to be successful, an injured plaintiff must prove:
- The defendant was a “product seller” – this definition includes a manufacturer, wholesaler, distributor, or retailer of the product
- The product was defective in a way that made it unreasonably dangerous
- The defect existed at the time the product left the defendant’s control and was not substantially changed before it reached the plaintiff
- The defect caused the plaintiff’s injury
Types of Defects
There are many ways in which a product may be considered defective. Generally, product defects fall into one of three different categories:
Manufacturing Defects – A defect in the manufacture or construction of a product may make it unreasonably dangerous. For instance, serious injuries in auto accidents caused by negligent drivers are often made much more serious because a seat back failed or an airbag failed to deploy during the collision. Depending upon where in the manufacturing process the defect occurred, only one product may be damaged, or thousands may be, leading to product recalls and class action litigation.
Design Defects – If a car is designed with the fuel line running next to electrical wiring, a minor collision can cause an explosive fire. If a power tool is designed without an adequate safety guard, or a household appliance is designed without an automatic shut-off when left unattended or knocked over, serious injuries or death can occur that could have otherwise been prevented. Sometimes, product makers could change their design to make a product safer, but they choose not to in order to save the expense and maximize their profits. Connecticut product liability law covers design defects as well as mistakes in product assembly or installation.
Failure to Warn – All products should contain adequate instructions for their safe use, and clearly written warnings about any dangers or hazards which are not obvious. Examples include warnings about using certain products only in well-ventilated areas and avoiding open flame, or instructions about wearing gloves or safety goggles. Lack of proper warnings or instructions on product packaging, labeling or marketing materials can make a product defective for the purpose of Connecticut product liability law.
Help is Available for Connecticut Product Defect Injuries
When corporations put profits ahead of safety, consumers suffer. If you have been harmed by a defective product, contact The Upton Law Firm for a free consultation with a skilled and compassionate Connecticut injury lawyer who will fight to see that justice is served and that you are compensated for the harm done to you.