Defective products are common and it is difficult to deal with the injuries that are associated with them not working as intended. If you have been dealing with an injury such as this, it becomes important to contact a Middletown defective product lawyer to defend your rights.
Our law firm at Injured CT is ready to assist and will go through everything to ensure you receive compensation for the resulting damages. To learn more about what we can do, give our Middletown personal injury lawyers a call.
Do I Have a Product Liability Claim?
When it is time to move forward with a product liability claim, the first thing you are going to have to do is look at the legitimacy of the case.
It is important to know you are going to have a valid claim based on state regulations in Connecticut. Only with this information will you know the results are going to be on par with what you require.
Design Defect
This is a common type of fault where the design of the product is the reason for the injury. This can mean when you start using the product, it doesn’t function as intended and causes unwanted harm to your body.
It is important to show that the design defect was the reason for you getting hurt in the first place and that it could have been remedied with additional testing on the part of the defendant.
Manufacturing Defect
This is a defect that is going to come out of the production process associated with the product. When the product is being designed, it is possible for a specific part to be faulty and that is what causes the injury during your time using it.
This is going to vary from product to product but the idea remains the same. You will want to analyze what led to the injury and whether or not it had to do with a manufacturing defect.
Failure to Warn
It is important to have the right type of labeling in place for modern products in Middletown. This means any warnings that are supposed to be listed should be done clearly.
If not, this will be seen as a failure to warn users before selling the product. This can lead to the defendant being held liable for the product’s issues.
Marketing Misrepresentation
Marketing misrepresentation is a common concern when it comes to defective products. A business may take the time to present the product as having a specific set of features but it doesn’t work as promised when used in real life.
This is known as marketing misrepresentation and if that leads to significant injury then it can be seen as negligence on the part of the defendant.
How Can I Prove a Product Was Defective?
When you are taking the time to go through all of the relevant details concerning the case, it is important to understand the nuances involved in proving a product is defective. You will have to take the time to analyze the product and show it didn’t function as intended, which caused the injury.
If you are unsure about how to do this and what to put in the legal claim, it is time to look at what our law firm can do for you. Injured CT is all about setting high standards and is a phone call away.
What Are the Three Types of Product Liability Lawsuits?
Negligence
This type of product liability lawsuit is built on the idea of negligent action on the part of the defendant. This means they didn’t take care of a specific design flaw or didn’t take the time to mention a hazard that was associated with the product.
Due to their negligence, it led to the product being sold in a condition that was unsafe for use and caused the injury. If you can show this type of negligence on the part of the defendant, you are going to have a valid product liability lawsuit on your hands.
Strict Liability
It is often assumed a product has to break down from negligent action but that is untrue. It doesn’t have to be this way at all. A strict liability claim can be moved forward, which entails showcasing the defendant’s inferior product led to the injury even if they didn’t mean to cause harm.
Breach of Warranty
This is when you are going to have a specific breach in the agreement between yourself and the manufacturer or party responsible for the product.
This can happen based on what the product was marketed to do and how it ends up working when it is in your possession. This is a clear breach of warranty and something that can be listed as a serious concern when it is time to fight for your legal rights.
If you want to move forward with a product liability lawsuit, feel free to call Injured CT.
Who Can Be Held Liable for a Defective Product Injury?
It’s important to know which party is going to be held liable for what took place after the defective product caused harm.
You will want to note a specific negligent party that is going to be at the crux of the legal claim. This is the party that is going to be the defendant as soon as you file the claim in Middletown, Connecticut. These can include:
- Manufacturer
- Retailer
- Wholesaler
In general, you will want to go through the case details with our law firm at Injured CT to learn more about your legal options. We will piece together everything, analyze the evidence, and provide legal guidance as you get started.
What Damages Can an Attorney Help Me Recover in a Product Liability Lawsuit?
The damages associated with a claim such as this will matter. You will want to know more about what the damages are going to include and what you can list in the legal documentation.
Compensatory Damages
This is a common type of damage that is cited in legal claims and you will want to have it written down as well.
With this type of damage, you are going to be listing general fees that were paid out of pocket. This can be something as simple as your medical bills as you were treated for the defective product injury. Any other costs associated with this injury will also be listed in the claim.
Special Damages
These are specific damages that have a monetary fee attached to them and are specifically focused on the defective product. You will want to demonstrate how the defective product was the reason you got injured and it led to serious monetary damage that you had to pay for. This tends to go hand-in-hand with compensatory damages and you will be expected to cite them in the legal claim as soon as it is submitted.
General Damages
These are damages that are going to be cited as non-economic damages in the legal claim.
The goal with these damages is to seek compensation for any other damage that took place that doesn’t have a monetary value attached to it. For example, perhaps you have been dealing with PTSD symptoms ever since the defective product caused you harm? What about anxiety or depression?
The issues are going to differ but you can list them under general damages when writing your legal claim.
What Are the Elements of a Successful Product Liability Claim?
As you are going through all of the relevant details associated with your case, it will become more and more important to understand what a successful product liability claim should entail.
You will want to iron out these details right away to make sure you are heading down the right path. With our help at Injured CT, you can go through these elements one by one to see which ones play a role in your case. These can include:
- Plaintiff Getting Injured Or Dealing With Losses
- A Defective Product
- A Defect Causing Injury
- Malfunctioning Product When Used Properly
It is important to have all of this information in hand as soon as you go through the process. You should be vigilant and ensure you have the necessary evidence in hand as soon as possible. To learn more about what we can offer at Injured CT, call us.
Contact a Middletown Defective Product Lawyer at Injured CT Today
Dealing with a defective product can be difficult. The fact you get harmed due to this product is an even greater concern and something that can be turned into compensation when you fight for your case.
It is best to seek assistance with our Middletown personal injury law firm at Injured CT to ensure you have the best chance to win your case. We are equipped to handle these cases and will know how to position the defective product claim in a manner where you are going to come out on the right side. If that is what you are after, please take the time to speak to one of our trusted lawyers.