Product liability law provides a way to hold accountable those who design, manufacture, distribute or sell defective or unreasonably dangerous products that cause injury to users. Essentially, any party involved in the product's distribution chain can be sued for monetary damages.
The law differentiates between a product that is inherently dangerous and one that is defective. For example, a circular saw is inherently dangerous due to its spinning blade. However, it is considered defective only if there is a problem with a component, such as a faulty blade guard, which makes it unsafe to use as intended.
Product liability law recognizes three categories of defects:
Design defect — This is an inherent flaw in the product's design that makes it unsafe even when used as intended.
Manufacturing defect — While the product's design may be sound, errors during the manufacturing process make the product dangerous.
Warning or marketing defect — This involves inadequate labeling or instructions, failing to warn consumers about potential dangers associated with using the product.
Strict liability — Under Connecticut law, you can seek compensation from a manufacturer, distributor, or seller without needing to prove fault, even if your injury resulted partly from your own negligence.
Negligence — You must demonstrate that the defendant failed to exercise reasonable care, resulting in your injury. Negligence claims are advisable in certain situations, such as when seeking punitive damages by proving the defendant recklessly disregarded the standard of care.
Breach of warranty — Every product comes with an implied warranty of fitness for its intended use. Additionally, some products come with express warranties that provide further coverage. You may have a claim if the product fails to perform according to the implied or express warranty.
In Connecticut, you have a maximum of three years from the date of the injury to file a product liability lawsuit. This may sound like a generous period of time, but in fact these cases often involve extensive investigation and research to determine the defective nature of the product involved. A personal injury lawyer knowledgeable in product liability cases can be indispensable to successful recovery of damages.
The attorneys at Gesmonde, Pietrosimone & Sgrignari, L.L.C. have extensive experience representing clients injured by defective products, including auto parts, vehicles, household items and recreational products. We are ready to discuss your case in person at our East Haven or Hamden office. 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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