What makes a product defective?
Design defect or flawed manufacturing process or inadequate instructions/warnings
What are you trying to prove?
Product was defective or not reasonable safe
Who are the plaintiffs?
Who are the Defendants?
In CT, with a products claim, it’s strict liability. Meaning Liability without proof of fault – the plaintiff need not show that the manufacturer knew or should have known that the product was defective or dangerous. But strict liability is not absolute liability. The plaintiff must still prove proximate cause (was the defect a substantial factor in causing the injury) and the plaintiffs recovery can be reduced by his or her own comparative negligence.
What is a design defect?
- The product was not reasonably safe due to the substantial likelihood of harm
- It was feasible to design the product in a safe manner
- That the defect was a proximate cause of the injury sustained
What is a manufacturing defect?
The crux of the claim is that a product caused injury because it did not perform as intended; while another product of identical design did not fail.
What is a failure to warn?
The Defendant did not adequately warn the user of one or more dangers associated with use of the product. Not all warnings are created equal. A defendant cannot simply escape liability by pointing to its warning about the danger associated with the product. The warning must be adequate in relation to the risk involved in the ordinary use of the product. The investigation of the product should start as soon as possible following the accident.
- Preserve the product
- Determine the ownership o f the product
- Ensure safe storage of the product
- Determine the product history/recalls
- Secure product manuals and all product literature
- Photograph the product
- Photograph the scene of the accident
- Obtain accident report
- Witness statements
- Plaintiff account of accident
Types of products generally involved in a products liability lawsuit:
Several safety hazards have been associated w/ e cigs including exploding devices and potential toxic chemical exposure. A source of injury is exploding devices. The culprit is the lithium battery. The battery is prone to overheating.
- Auto Defects Airbags
- Defective tires
- Seat belts
Were you properly belted?
Would the injury have been less severe with a well designed restraint?
If you answer yes to both, you have a potential seat belt defect
A number of injuries in tipover incidents result from the forklift landing on an operator who either has been rejected or has attempted to get off the forklift. The fact demonstrates the importance of keeping the operator safely confined in the operator’s compartment
- Other products often involved in product cases
1. Table saws
2. Manufacturing equipment
3. Power tools
6. Vape pens
8. Food poisoning
10. Exercise/Recreational equipment
11. Swimming pools
Injuries resulting from a defective product can result in physical and emotional injuries. If you or someone you know has been injured by a defective product, the Dodd Law Firm’s attorneys may be able to help. Contact one of our product liability attorneys at 203.272.1883 or fill out our no charge, no obligation case review form.