Product Liability in Hartford, CT
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Manufacturers have a duty to consumers to make safe products. A product liability claim can arise if a manufacturer, assembler or wholesaler acts in a negligent manner. In order to pursue a product liability claim you must have proof that the product is indeed defective. The three most common types of product defect cases than we have seen include:
- Design defects- the actual item or product design is faulty
- Manufacturing defects- when the product was constructed, it was defective but the product design is safe
- Marketing defects- this can come about if the instructions provided are poor or there are errors in labeling and warnings on the product
If you have suffered from any type of product defect, obtain legal representation from a skilled Hartford personal injury lawyer from Cicchiello & Cicchiello, LLP. All types of products can be harmful if the design or manufacturing is flawed. When this is the case, the product can be recalled to prevent further injuries. It is not uncommon for faulty products to be recalled; in fact, we have seen the recall of many children's toys, car parts, safety equipment and even medical devices. Unfortunately for injured victims, the lawsuit they enter would be against a large business or corporation. This is one reason why you need a skilled product liability attorney by your side.
Protection Against Defective Products in Connecticut
There is a Connecticut Product Liability Act in place to protect consumers from defective products. This Act came about in 1979 and it includes protection against negligence, breach of warranty and strict liability from manufacturers and other product designers or retailers. It is important to be aware of the definition of product seller. The Connecticut Gen. Stat. 52-572m(a) defines a product seller as:
"Any person or entity including a manufacturer, wholesaler, distributor or retailer engaged in the business of selling products whether for resale, use or consumption."
You do not have to purchase the product directly from the seller in order to file a claim. You could even be borrowing a product from a friend and file a product liability claim if you are injured due to the product.
Proving Liability in Your Case
Each state will require different amounts of evidence when it comes to product liability claims. In general, the law will require that you are able to prove all of the following elements in order to receive compensation:
- You suffered from an injured or loss- you cannot claim that anything "almost" happened, there has to be an actual injury or loss of money
- The product is defective- you can prove any type of defect, manufacturing error, defect in design, inadequate warnings, etc.
- The defect in the product is the cause of your injury- you cannot argue that you were injured while using a product that is faulty, the product had to have caused the injury
- You were using the product in the intended way- you cannot file a claim if you were using the product in a way that it is not meant to be used
Need a lawyer for your product liability case in Hartford?
If you have been injured due to a defective product, it is important to seek assistance from a Hartford personal injury attorney from our firm. We have over 40 years of experience and we are familiar with the process of taking on large corporations.
Contact Cicchiello & Cicchiello, LLP right away to schedule your free case evaluation and see how we may be able to help you in your case!