Injured by a Defective or Dangerous Produce in Vermont or New Hampshire? We Can Help.
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.
When you purchase a product, you do so because you have an expectation, in part, that the product will enhance your life in some way. Perhaps it will bring you joy, or maybe it will help you to accomplish something, or make completing a task easier. At the very least, no one expects that something that they invest money in will detract from their life, and certainly not cause them harm. Unfortunately, products are not always safe, and there are millions of products recalled every year. If you have a product caused you harm, you may have a product liability case. Here’s what you need to know:
Who’s Liable for Harm Caused by Defective Product?
Liability for a defective product may fall on anyone along with the design, manufacturing, or distribution chain. For example, consider a situation in which an accident caused by a tire blowout harms a consumer. An investigation reveals that the blowout would not have occurred but for defectively manufactured tire tread. The inquiry also finds that the seller of tires knew of the defect, but sold the tires regardless. As such, the manufacturer of the tires and the seller may be partially liable for the consumer’s harm.
Do I Have a Product Liability Case?
In order to prove that you have a product liability case, you will need to establish that that product was in some way defective and that your injuries would not have occurred but for the defect. You will also need to prove damages. Damages that may be available in your case include compensation for your economic losses, such as medical expenses and lost wages, and noneconomic expenses, such as pain and suffering.
Contact Our Vermont Personal Injury Lawyers Today
If you have suffered an injury and believe that a defective product is to blame, our Vermont personal injury lawyers at the law offices of Sabbeth Law want to meet with you. Our experienced product liability attorneys can review your case for free, and provide you with the legal guidance you’re looking for. Reach us by contacting us by phone, or filling out the contact form on our website today.
Product Liability Lawyer in Vermont
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.