What is Products Liability?

Products liability is a legal claim that arises when a manufacturer, seller, or any party in the supply chain provides a defective product that causes harm, injury, or financial loss. Consumers have the right to expect that the products they purchase and use are safe when used as directed. If a product proves defective and causes harm, the manufacturer or seller may be held legally responsible.

Connecticut law holds businesses accountable for ensuring their products are safe for consumers. When a defective product causes injury, harm, or financial loss, victims may be able to recover compensation. This compensation can include medical expenses, lost wages, property damage, and more. If you or a loved one has been harmed by a defective product, it’s important to speak with an experienced products liability attorney to explore your options.

What Qualifies as a Defective Product?

In Connecticut, a product can be classified as defective under three categories:

• Marketing Defects: These occur when a product is marketed or labeled in a way that leads to unsafe use. This could include unclear instructions, improper warnings, or misleading advertising. Even if the product itself is safe, poor marketing or labeling can lead to injuries.
• Manufacturing Defects: These occur during the production process. A product may have been safe if it had been manufactured correctly, but due to flaws in production—often from cost-cutting measures—the product becomes unreliable or unsafe and may cause injury.
• Design Defects: These involve flaws inherent in the product’s design. Even if the product is manufactured and marketed correctly, a design defect means it is still unreasonably unsafe when used as intended.

For a defective product to form the basis of a lawsuit, it must cause some kind of damage. This could include physical injury, property damage, or financial loss. For example, a defective refrigeration system that causes food to spoil in a commercial warehouse may not directly injure anyone, but the financial loss from spoiled inventory could be grounds for a valid legal claim.

How to Prove a Products Liability Claim

Products liability cases in Connecticut are typically governed by state law. Successfully proving a claim requires demonstrating that the product was defective and that the defect caused harm or damage. There are three main legal theories used to establish products liability:

• Negligence: This involves showing that the manufacturer or seller was careless in the design, production, or marketing of the product. Negligence can include failing to perform adequate safety tests or ignoring known risks.
• Strict Liability: Under this legal doctrine, a manufacturer can be held liable for harm caused by a defective product regardless of whether they were negligent. In Connecticut, strict liability often applies to manufacturers and sellers whose primary business involves the sale of the product in question.
• Breach of Warranty: If a product comes with a warranty and fails to perform as promised, the manufacturer can be held liable for damages, even without proving negligence. Warranties may be express (explicit guarantees) or implied (unspoken assurances that a product will work as expected).

In cases involving medical devices, pharmaceuticals, or other complex products, proving liability may require additional evidence. These cases often require expert testimony and detailed examination of the product’s design, manufacturing process, and marketing practices.

Why Choose Bert McDowell Injury Law?

At Bert McDowell Injury Law, we understand how devastating it can be to suffer harm or financial loss due to a defective product. Our experienced team is committed to helping injured individuals and their families in Connecticut recover the compensation they deserve. We handle all types of products liability cases, including those involving consumer goods, industrial equipment, medical devices, and more.

When you work with us, we’ll help you pursue compensation for:

• Medical bills and treatment costs
• Lost wages and reduced earning capacity
• Property damage
• Pain and suffering
• Long-term care or rehabilitation expenses

Don’t let a defective product disrupt your life. Let us handle your case while you focus on recovery.

Contact Us Today

If you or a loved one has been harmed by a defective product, the team at Bert McDowell Injury Law is here to help. Call us at 475-231-3274 or fill out our online contact form to schedule your FREE consultation. We’ll review your case, explain your rights, and fight to recover the compensation you deserve.