New London Defective Products Lawyers
Manufacturers can be held liable if they sell products with safety defects
If you have been injured by a defective product in New London, Jonathan Perkins Injury Lawyers can help. Designers, manufacturers, and retailers of products have a duty to protect the people who use those products. When they fail in that duty and people are hurt as a result, they can be held financially liable for their negligence.
At Jonathan Perkins Injury Lawyers, we are passionate about securing money for people injured by defective products. Our New London defective products lawyers have the skill and experience you need on your side to find justice after this unexpected event. To learn more about how we can help you secure financial compensation, contact us today at (860) 772-2280.
Why Do I Need a Lawyer to Handle Defective Products?
Product liability claims can be especially challenging for people with no prior legal experience, but a skilled personal injury attorney will be able to fight to help you recover all of the compensation you are entitled.
Victims often need lawyers to conduct independent investigations into accidents. Attorneys not only help secure important evidence, but they can also help identify the specific causes that made a product unreasonably dangerous.
Fighting these legal battles alone can be especially challenging while you are recovering from a serious injury. Don’t take on an unnecessary burden – let an attorney fight for you.
Why Choose Jonathan Perkins Injury Lawyers?
The dedicated personal injury attorneys of Jonathan Perkins Injury Lawyers have recovered hundreds of thousands of dollars for scores of clients injured by the wrongful acts of others. Our verdicts and settlements include a $490,000 award for a 39-year-old mother who had a defective product claim after breaking her back on a piece of gym equipment.
We can provide a no cost, no obligation review of your case as soon as you call 1-800-PERKINS (or 203-397-1283 if you are outside Connecticut) today. You also will not be charged any fee for our legal representation unless you receive a monetary award.
What Are Defective Products?
In 2016, the Connecticut Supreme Court made “modest refinements” to the state’s product liability law. In Bifolck v. Philip Morris, Inc., S.C. 19310, the Connecticut Supreme Court clarified the “plaintiff’s burden of proof in strict liability cases.”
The Supreme Court stated in Bifolck that all product liability claims—whether alleging a design defect, manufacturing defect, or failure to warn defect—are governed by the same elements that the Court has applied since adopting Restatement (Second) § 402A:
- the defendant was engaged in the business of selling the product;
- the product was in a defective condition unreasonably dangerous to the consumer or user;
- the defect caused the injury for which compensation was sought;
- the defect existed at the time of the sale; and
- the product was expected to and did reach the consumer without substantial change in condition.
As it relates to a strict liability claim alleging a design defect, the Supreme Court established that a plaintiff can prove the second element under the risk-utility test or the consumer expectation test.
With the risk-utility test, a product is defective if a reasonable alternative design was available that would have avoided or reduced the risk of harm and the absence of that alternative design renders the product unreasonably dangerous. Similarly, if the risk of harm so clearly exceeds the product’s utility that a reasonable consumer, informed of those risks and utility, would not purchase the product, it is considered defective.
The consumer expectation test holds that a product is defective only if it is “dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it, with the ordinary knowledge common to the community as to its characteristics.”
Defective Product Cases We Handle
Virtually any kind of product sold to consumers has the potential to be defective, but certain types of products involve more serious dangers. Some kinds of products are also particularly frequent subjects of product liability claims. Some of the most common examples of defective products include, but are not limited to:
- Baby products (foods, cribs, clothing)
- Pressure cookers
- Truck lift gates
- Food poisoning
- Heating pads
- Sporting equipment
- Fuel fires
- Vehicle tires
- Medical devices
As the Supreme Court noted, product liability claims usually allege one of three types of defects:
- Design Defect: A defectively designed product usually makes the party responsible for the product design liable for all injuries. These types of claims are the most serious and typically result in larger lawsuits because all people who purchased the product are susceptible to the same risks.
- Manufacturing Defect: Unlike a design defect, a manufacturing defect is usually an error that affects only one or a limited batch of products. Such cases are more isolated and unique, but the manufacturer can be liable for a victim’s injuries.
- Failure to Warn: The companies selling certain types of products are obligated to warn consumers about any possible dangers created by improper use of the product. When a consumer is injured because of a reasonable attempt to use a product that they were not warned against, they could also have a product liability claim against the manufacturer or seller.
It is understandable if you are not immediately clear on what kind of defect caused your injuries. Most cases usually require some investigation to determine the actual type of defect that caused your injuries. This is where an attorney from Jonathan Perkins Injury Lawyers can be helpful.
If you are injured by any kind of defective product in the New London area of Connecticut, the first thing you should do is seek medical attention. Even if you don’t think you were seriously hurt, some injuries involve delayed symptoms and insurance companies routinely call into question the severity of injuries when there is any delay in medical treatment.
Victims should also try to save their defective products, when possible. The defective products should be stored in safe locations where nobody else will be able to access them.
Finally, a victim should contact Jonathan Perkins Injury Lawyers as soon as possible. You can have our firm provide a no cost, no obligation review of your case when you call (860) 772-2280 right now. Our firm is available 24 hours a day, seven days a week to answer your phone call and answer all of your legal questions.