Product Liability Lawyer in Vermont
Some products, like dangerous chemicals or kitchen knives, are dangerous because of their inherent function. There is no way to make them safer without diminishing their functionality. Oftentimes, manufacturers and wholesalers will provide proper safety labels and instructions to protect their customers.
However, other products are not obviously hazardous or shouldn’t cause harm through their intended use. These products fail to meet the ordinary expectations of the consumer. Whether it is because of an inherent design flaw, a manufacturing defect, or a lack of safety labels and instructions, these unsafe products can cause injuries, property damage, and death.
In these situations, the product’s designers, manufacturers, wholesalers, and retailers might be liable for the damages under a product liability claim. In fact, almost anyone involved in the distribution chain of a product can be liable for its defects. These claims ask for compensation for the unintended consequences of their products or the lack of warnings about them.
Product liability claims can offer unique situations. In some cases, a legal doctrine called “res ipsa loquitur” applies. In these situations, the burden of proof falls on the defendant to prove that they were not negligent in producing or manufacturing their product, rather than the plaintiff proving that they were negligent. In other cases, strict liability might apply. This means that the only thing the plaintiff must prove in their claim is that the product is defective instead of proving that the manufacturer was negligent.
Further, there are 3 different types of product liability:
- Design Defect: The product is inherently flawed by design.
- Manufacturing Defect: The product was produced or assembled incorrectly.
- Marketing Defect: The product does not provide proper safety labels or instructions.
Product liability can be a difficult field of law to understand, and Vermont has a statute of limitations of 3 years on such claims. Hiring an experienced product liability attorney is an important step in obtaining the fair compensation you deserve for your injuries.
If you’ve been injured by a defective or dangerous product, call me at 802-457-1112 or get a free evaluation by clicking here.