When a company produces or sells a product, it has a duty to make sure that the product will not injure consumers or any foreseeable users of it. Defective products cases, also known as product liability cases, may arise when a product improperly performs or fails at its essential purpose and injures an individual as a result. Such cases may be based breach of warranty, negligence, strict liability, or consumer protection.
There are two basic kinds of product liability cases: those involving manufacturing defects and those involving a design defect.
In a manufacturing defect case, the product failed because it did not meet the manufacturer’s own specifications or design. An example of a manufacturing defect may be a prescription drug that becomes contaminated on the assembly line, or a bolt in a car that breaks under stress because it had a flaw or crack unintentionally caused during the manufacturing process. If a poorly manufactured product leaves the factory and subsequently causes injury, the manufacturer may be strictly liable and have to compensate the victim.
In a design defect case, the product was manufactured and used as intended, but it nonetheless caused injury (or the foreseeable risk of injury) because of the way it was designed. An example of a design defect may be a window fan with a grilled metal guard on each side of the blades to prevent injury, but with gaps between each of the grills wide enough to allow a child’s hand to come in contact with the blades. A consumer or foreseeable user of the fan who is injured when his or her hand slips through the cracks could bring a design defect action to recover damages.
In such a design defect case, the court would require the plaintiff to establish that there is a “reasonable alternative design” for the fan before the manufacturer may be held liable. In this example, an alternative design would be to have the grills closer together. The court would likely find this alternative design to be reasonable because it is technically feasible for the manufacturer to implement, not excessively costly for the manufacturer, and would still allow the fan to function as intended. In Connecticut, if you have been injured by a defective product, you may be entitled to damages for your injuries. In such cases, individuals may be able to recover for lost wages, medical expenses, and pain and suffering. To determine if you have a claim, or how much your claim may be for, you should contact an experienced products liability attorney in your area.
The Personal Injury Group at Maya Murphy is just a phone call or email away. With decades of service to individuals from New York and Connecticut, our products liability attorneys have been tried and tested in a wide array of products liability cases. With a successful record of serving our clients, our defective products attorneys can help get you the remedy you deserve. Please feel free to call 203-221-3100 or contact us to schedule a free consultation at anytime.