Things to Know About a Defective Product Lawsuit

Personal Injury On Sunday, October 30, 2022

Every day, you most likely encounter thousands of consumer products and goods. You expect these products to be designed and manufactured with care, as manufacturing companies have a responsibility to safety-test their products, label them correctly, and warn consumers of any potential risks and health hazards. Unfortunately, not all manufacturers meet their duties of care. Some products contain defects that can lead to a lawsuit if someone gets injured.

There Are Three Types of Product Defects

Virtually any item or product could potentially contain a dangerous defect. Common examples are children’s toys, auto parts, medications, medical devices, appliances, electronics, e-cigarettes, and consumer food and drinks. The law recognizes three main types of product defects:

Design defect – a safety issue in how the product has been designed or engineered.
Manufacturing error – when something goes wrong during the creation or assembly of the product.
Marketing error – a flaw in how the item has been packaged, labeled or marketed to consumers.

If an item contains one of these three types of defects, an injured consumer may have grounds to file a strict product liability claim. It is important to keep the defective product and all of its packaging as evidence for this type of lawsuit.

You Typically Do Not Have to Prove Negligence

Under the strict product liability law, a manufacturing company or distribution center can be held liable, or financially responsible, for a defective product that injures a consumer even if the entity was not negligent. This law is in place to protect consumers by making it easier to go up against large and powerful manufacturing companies when injured by their products.

Essentially, if you or your lawyer can prove that the product contained a defect, caused your injuries and that you were using the item as the manufacturer intended, you will qualify for financial compensation without having to prove the defendant’s negligence. Other personal injury lawsuits, on the other hand, require evidence that the defendant breached a duty of care.

You May Be Able to Join a Class Action or Mass Tort

A private lawsuit is not the only legal option that may be available to a victim of a defective product. These cases often take the form of class actions and mass torts, as well. These are group lawsuits that involve multiple plaintiffs going up against the same defendant for similar reasons or injuries, such as multiple consumers filing claims against the same manufacturer for the same product defect. Joining this type of lawsuit could save you time and money compared to a private claim.

There Is a Time Limit on Your Right to File

It is important not to wait too long if you have been injured by a defective product and wish to pursue a claim. All 50 states have statutes of limitations, or legal time limits for filing this type of lawsuit. With only occasional exceptions, if you miss your statute of limitations, you will lose the right to recover compensation for injuries caused by a defective product.

In Connecticut, the statute of limitations is three years from the date of injury, death or property damage to file a product liability lawsuit. If you don’t discover the cause of your injury or illness until later, you will have three years from the date of reasonable discovery to file.

An Attorney Can Help

While you are not legally required to hire an attorney to represent you during a product liability lawsuit, doing so can benefit you. An attorney can correctly navigate Connecticut’s product liability laws for you, as well as investigate the incident and collect evidence to prove your claim. Your lawyer will fight for maximum financial compensation on your behalf – unlike an insurance company that profits from diminishing your payout. For more information about these types of cases, contact a product liability lawyer in Connecticut at Loughlin FitzGerald, P.C. for a free consultation.