Have you dealt with a defective product that led to harm? If this happens in New Haven, you will want to understand what your legal options are. A New Haven defective product lawyer at Injured CT can help you put together a complete product liability claim.
Our experienced New Haven personal injury lawyers are ready to assist with these claims.
Do I Have a Product Liability Claim?
When attempting to determine if you have a valid product liability claim, there are four factors that our attorneys will consider.
Design Defect
If the design of the product is done in a way where it is risky for the user to use then it can be cited in the legal claim.
A product cannot pose a risk of this nature to the user. This is a clear design defect that will lead to injury upon use.
Manufacturing Defect
If the product doesn’t come as it is supposed to, this can lead to injury.
You will have to show there was a clear defect in how the product was manufactured.
Failure to Warn
If the manufacturer creates a product, lists it for sale, and then it malfunctions, they need to list the risk that was present on the labeling.
Many products do this when there is a possible danger that a product can cause. For example, electrocution with products that are going to be connected to an outlet.
Marketing Misrepresentation
If there is any type of marketing misrepresentation by the company, it is possible to cite this in the claim. This can include stating the product can do something and then it fails to do so. Any type of representation including how safe the product is can be listed here.
If you want to learn more about whether or not you have a product liability claim on your hands, take the time to reach out to us.
How does a New Haven Defective Product Lawyer Prove Product Was Defective?
Proving a product is defective will come down to demonstrating the other party was liable and broke the rules. This includes illustrating how the product malfunctioning led to your specific injury.
You will have to take the time to show negligence along with the injuries that occurred. Everything has to be connected including any damages that were seen on your end. This can include medical fees, PTSD, and more.
If there is a direct connection between your injury and the product, it can be listed in the legal claim as a way to prove the product was defective.
What Are the 3 Types of Product Liability Lawsuits?
When you are going through this type of lawsuit, you will have to understand not all of them are going to be the same in New Haven.
There are three different types of product liability lawsuits that can arise.
Negligence
This refers to simple negligence that takes place due to the defendant’s actions surrounding the product’s creation.
It can include something as simple as not having the right label on the product that could highlight the dangers it presents to those using it.
There are multiple variations of this type of case and it is best to speak to a New Haven product defect lawyer to know what can be done on your behalf in a situation such as this.
Strict Liability
With products, it is important to note there are strict regulations in place as to the manufacturer’s responsibility in how a product functions.
This means it doesn’t matter whether or not the party was negligent or meant to cause harm to the victim. If it eventually led to damages, they are still going to be held responsible for what took place.
There are strict regulations in place for this particular reason to ensure someone is held liable for the product’s malfunctioning.
Breach of Warranty
There are standards in place for what is listed when selling a product to the public. If there is any type of breach when it comes to the promises associated with the product, this can be listed under this type of product liability case.
It can be shown the manufacturer promises something and didn’t deliver. This includes not following through with the warranty that was in place.
Who Can Be Held Liable for a Defective Product Injury?
You will have to take the time to understand liability in the defective product injury.
It is important to go through all of the necessary elements associated with this case. You will want to pinpoint which party was responsible for this taking place and what their role was in the injury.
These can include:
- Manufacturer
- Retailer
- Wholesaler
The goal is to make sure you are getting all of these details ironed out in advance.
If you are in this situation, we believe it is best to reach out to our law firm at Injured CT. We can help with each phase in the claims process and will ensure you are treated with respect.
What Damages Can a New Haven Defective Product Lawyer Help Me Recover?
When you are figuring things out, it becomes important to know how the damages will be laid out on your behalf. This is just as important as any other step in the process to ensure you maximize your compensation based on what should be yours.
To understand this in detail, you will want to understand the various options available to you in the claims process.
Compensatory Damages
These damages will include any type of damage that refers to money that has been paid out due to the injury. For example, perhaps you have been dealing with ongoing medical fees during the recovery phase? What about rehabilitation fees? Prescription drug costs?
All of these go under this type of damage and have to be listed in the claim.
Always take the time to collect the relevant costs that you have had to manage due to the injury. It will make it easier to move forward with the legal claim.
Special Damages
These damages will include any additional expenses that are incurred due to the injury. This can often be lumped with compensatory damages depending on the legal definition of the claim.
In a situation such as this, it will be in your best interest to go through all of the expenses that have occurred due to the injury.
Having all of this evidence in hand is going to make it easier to cite all of the relevant damages right off the bat.
General Damages
This is going to be used for any other damage that took place due to the defective product.
A good example of this would be PTSD due to the recovery phase associated with the injury. If you can prove mental health conditions arose due to the defective product, it is important to make sure you are listing this in the legal claim.
Even a drop in quality of life can be listed here as a way to demonstrate how you were impacted by the defective product injury or harm.
For more on what you can put in the legal claim, it is highly recommended to reach out to our law firm at Injured CT. We are passionate about helping our clients and we know how to position your situation in a way to make sure you receive appropriate compensation.
To learn more about what we can do for you, please give us a call.
What Are the Elements of a Successful Product Liability Claim?
A product liability claim has to go through several phases to make sure the right assessment is made. This includes analyzing the various elements associated with the case.
You have to take the time to go through all of this with a competent New Haven product defect lawyer.
These can include:
- Plaintiff Getting Injured Or Dealing With Losses
- A Defective Product
- A Defect Causing Injury
- Malfunctioning Product When Used Properly
When you go through all of these details, it will become easier to understand where the fault lies. Having this information and the relevant evidence is going to help you over the long haul. Take your time going through these steps with our law firm at Injured CT.
We are willing to go through the various elements and pinpoint what your options are moving forward. To do this, give us a quick call.
Contact a New Haven Defective Product Lawyer Today for a Risk-Free Consultation
Defective products are common in the world of commerce and it has become essential to make sure negligent actors pay for their actions. If you or your loved one has been a victim of this type of negligence, it’s important to fight for your rights as soon as you can.
At Injured CT, we are focused on helping clients and will go the extra mile to file a robust legal claim. We realize this can be a confusing time and it has to be handled with care. Due to our experience, you will never feel out of the loop and the right legal strategy will be used to help.
For more on what we can do for you at Injured CT, please give us a call or fill out the contact form.