If you or a loved one have been harmed while using a product, you may be eligible for compensation. Product liability laws allow consumers to hold companies responsible for any damages, injuries, or deaths that are caused by their products.
This includes harm caused by defective designs, unreasonably dangerous manufacturing flaws, or inadequate warnings related to how the product should be used. Companies can be held liable for these issues even if they have taken all reasonable measures to prevent them from occurring.
How Product Liability Works in Connecticut
Causes of Action in Product Liability Cases
Product liability cases can be brought under three main causes of action:
- Defective design
- Manufacturing defect
- Negligence
Design defects occur when the product as designed contains flaws that make it unreasonably dangerous for consumers. In many cases, these kinds of defects cannot be discovered until after an accident or injury has occurred.
Manufacturing defects are often caused by errors in the way that components were manufactured or assembled, leading to unexpected results that can injure individuals who use them.
Finally, when a manufacturer or seller fails to provide adequate warnings about the potential risks of using the product, this is called negligence. When these warnings are not given, consumers can be unknowingly exposed to harm when they use the product as intended.
Who You Can Sue
When a product causes injury, only a merchant can be liable under product liability laws. This means that you can’t sue a private party (e.g. the person who gifted you the product). The defendant must be one of the following:
- Manufacturer of the product
- Wholesaler of the product
- Distributor of the product
- Retailer of the product
How Damages Are Decided
According to Connecticut’s pure comparative negligence standard, it is possible to seek damages even if you were partially at fault for the injury or damage that was caused by the product. Your degree of fault will determine the percentage of costs for which you are held responsible.
In other words, the court looks at how much each person was responsible for the accident. If one person was 90% responsible and another was 10% responsible, then the person who was 90% responsible will have to pay 90% of the costs.
How to File a Claim
According to Connecticut’s product liability statute, plaintiffs have 3 years from the date of injury, death, or property damage to file a product liability lawsuit. However, if you have been harmed by a defective product, it is best to seek the advice of an experienced defective product lawyer as soon as possible. If you let too much time pass, valuable evidence might be lost in the interim.
At Fitzpatrick Santos Sousa Perugini P.C., our knowledgeable product liability attorneys can review your case and help you to determine if you have a valid product liability claim. We work on a contingency fee basis, so you owe nothing up front for our legal services.
Contact us online or call us at (203) 583-8299 to schedule a free consultation.