We all interact with dozens of products every day — things as basic as a toaster or as complex as an automobile. They are supposed to make our lives easier in some way or at least not harm us. But sometimes the products we rely on are defective and can inflict serious injuries on users and other people nearby.
Products liability law provides injured people with a way to hold responsible those who design, manufacture or sell defective products. Essentially, any party in the product’s chain of distribution can be sued for money damages. Connecticut law allows a maximum of three years to file such a lawsuit.
It is important to understand that it is possible for a product to be dangerous but not defective. For example, a circular saw is inherently dangerous because of its spinning blade. But for the saw to be considered defective, there would need to be proof it had a faulty blade guard or other badly designed component.
There are three categories of defects in product liability law:
Design defect — This is an inherent flaw in the manufacturer’s design of the product that makes it defective even when used as directed.
Manufacturing defect — Although the design of the product may be sound, the product was built improperly, causing it to become dangerous.
Warning or marketing defect —There are errors associated with the packaging and/or labeling of the product, such as failure to warn the consumer about a potential danger of using it.
Personal injury cases resulting from use of defective products can proceed under several legal theories:
Strict liability — Connecticut law allows you to recover compensation from a manufacturer, distributor or seller without proving they were at fault, even if your injury resulted partly from your own negligence.
Negligence — You must prove that the defendant did not observe reasonable care under the circumstances, which resulted in your suffering harm. There are situations in which filing a negligence claim is advisable. For example, pursuing punitive damages requires you to prove that the defendant recklessly disregarded the standard of care.
Breach of warranty — Every product comes with an implied warranty that it is fit for its intended purpose. Some products also come with express warranties that go further in their coverage. You may have a claim if the product does not perform up to the implied or express warranty.
The personal injury lawyers of Gesmonde, Pietrosimone & Sgrignari, L.L.C. have experience representing clients who have been injured by defective products, including auto parts, vehicles, household items, recreational items and more. We are prepared to meet with you to discuss your case at our office in East Haven or Hamden, or via a virtual meeting. Please call 203-745-0942 or contact us online to arrange a free consultation.
Gesmonde, Pietrosimone & Sgrignari, L.L.C. is located in Hamden, CT and serves clients in and around North Haven, Hamden, Waterbury, Bethany, Milford, Wallingford, Prospect, Woodbridge, Northford, Madison, Beacon Falls, Branford, Cheshire, North Branford, East Haven, Naugatuck, Meriden, Ansonia and New Haven County.
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