Serving Victims of Defective Products in Stamford, Danbury, Bridgeport and all of Connecticut
When you purchase a product, whether it is as simple as a toaster or as complex as an automobile, you assume that it is safe to use for its intended purpose. You typically trust whomever you purchased it from, and you trust the manufacturer to provide you with a product that will not harm you, your family, or anyone else. Too many times, however, that trust is misplaced, as many people are injured and killed by dangerous and defective products each day. The product liability attorneys at the Berkowitz Hanna help those injured by defective products by protecting their legal rights and obtaining fair compensation for their injuries.
Commonly Defective Products
Manufacturers, distributors, and retailers have a responsibility to protect consumers from dangerous products. If something goes wrong with a product and someone is injured, they could be held liable for any damages caused. Virtually any product could potentially be harmful if it is not designed, manufactured, or marketed correctly, although there are a handful of products that are more susceptible to defects, such as:
- Prescription and non-prescription drugs
- Medical devices, such as hip implants and cryotherapy devices
- Motor vehicle parts, including faulty tires and brakes
- Children’s toys, including those with dangerous levels of lead or other toxins
- Safety equipment, such as fire alarms and smoke detectors
An unsafe product could result in serious injuries (including brain injuries, spinal cord injuries, blindness, disfigurement, chronic pain, permanent disability) or even death.
Defective Products and the Law
Product liability is the term for the area of law that concerns the safety of products. Any party involved in putting a dangerous product into the marketplace can be held liable, including the manufacturer, parts supplier, distributor, and retailer. Product liability claims can be based on three different legal theories. The first is negligence, which is when the charged party failed to comply with the applicable standard of care; that is, they violated their duty to the plaintiff to provide a safe product. Second, strict liability is the charge when the party put into the marketplace a dangerous, defective product that harmed someone who used it for its intended purpose. Lastly, breach of warranty, which is when the product had a warranty, written or unwritten, that it was safe to use for its intended purpose; however, the product failed, and the warranty was broken.
Types of Defects
There are three aspects of production that can lead to a product being defective: the design, manufacturing, or marketing, A design defect is relatively straightforward – this is when the defect is inherent in the design of the product, so regardless of how well it is manufactured or marketed, the product is defective from the very beginning. A manufacturing defect is when a product was manufactured or constructed improperly, causing it to become dangerous. Therefore, even if the product was safe “on paper,” an error occurred in the actual making of the product, leading to the defect. Finally, a marketing defect deals with errors in the instructions, labeling, and packaging of a product. For example, if a product’s packaging fails to warn the consumer about certain dangers associated with the product, it is considered a marketing defect. The product may have been designed for one use, for which it was safe, but marketed for a different use that made it dangerous.
Proving Product Liability
For a plaintiff to prove that a defendant is guilty – and therefore must pay compensation to an injured party under the Connecticut Product Liability Act – he or she must establish the following:
- The defendant is a “product seller” (a manufacturer, wholesaler, distributor, or retailer that sells the product, whether for use by the buyer or for resale to another).
- The product is defective in the way claimed by the plaintiff.
- The defect existed when it left the defendant’s control.
- The product was expected to reach the plaintiff without a substantial change in condition.
- The defect made the product unreasonably dangerous because at the time of sale it was defective beyond what the ordinary consumer would expect.
- The product actually reached the user without a substantial change in the condition concerning the defect.
- The defect was the proximate, or legal, cause of the injury or damage to the plaintiff.
- Physical, psychological, and/or financial harm resulted from the injury.
Contact Berkowitz Hanna to Discuss Your Product Liability Case
Under Connecticut law, just because a person was injured while using a product does not necessarily mean it was legally defective. This is a highly technical area of law that relies heavily on expert testimony to discover defects in a product and explain those issues to a jury. As a result, if you or a loved one have been injured by an unsafe product, you need legal representation from the experienced injury lawyers at Berkowitz Hanna, as they have successfully helped clients in the past with product liability cases.
If you or a family member have been injured by a defective product and believe you may have a legal claim, contact a Connecticut product liability lawyer at Berkowitz Hanna today. We can be reached at (866) 479-7909, or you can send us an email so that we can discuss your situation, the applicable laws, and your legal rights for compensation.
Contact us for information on:
- Catastrophic car, truck and motorcycle accidents
- Boating accidents
- Swimming accidents
- Bicycle accidents
- Drunk driver accidents
- Defective products
- Sexual abuse and assault
- Negligent security
- Premises liability
- Fires and explosions
- Traumatic brain injury
- Head injury
- Spinal cord injury
- Medical malpractice
- Misdiagnosis/failure to diagnose
- Medication errors
- Surgical injuries
- Heart attack and stroke
- Birth injuries
- Cerebral palsy
- Nursing home abuse and neglect
- Amputation injuries
- Transit liability
- Construction injuries
- Failure to warn
- Machinery malfunctions