Consumers have the right to expect not to be injured when they use a product as it was intended. If they are injured, they can pursue a civil lawsuit against the manufacturer and distributors to recover financial compensation for their losses. In a product liability case, a plaintiff need not to prove that the defendant acted negligently or intentionally. The need only show that the product was defective and that the defect caused them harm.

Product liability claims are based on three main types of defects: 

• Design defect — A design defect occurs when a product is inherently unsafe due to its design, even if manufactured correctly. For instance, if a ladder is designed without a proper anti-slip feature, leading to falls and injuries, it could be considered defective in design. The claimant must demonstrate that the design poses unreasonable risks and that a safer, feasible alternative design was available.

• Manufacturing defect — This type of defect arises when a product deviates from its intended design during the manufacturing process, making it unsafe. Even if the product's design is sound, a manufacturing flaw can render it dangerous. To prove a manufacturing defect, the injured party must show that the product differed from others produced in the same line and that this defect caused their injuries.

• Lack of adequate warnings — Sometimes, products are dangerous not because of a defect in design or manufacture but because they lack sufficient warnings or instructions. If a company fails to provide clear instructions and warnings about the potential risks associated with using their products and an injury occurs as a result, this can be grounds for a product liability claim.

Any person or company involved in the product's distribution chain can potentially be held responsible for resulting harm, including manufacturers, distributors, suppliers and retailers. The injured party must prove that the product was defective, the defect existed when it left the defendant's control and the defect caused their injury.

In Connecticut, a product liability lawsuit must be filed within three years from the date when injury, death or property damage caused by a product is first sustained or discovered. Building a persuasive case takes thorough investigation, research and the assistance of experts in the particular field. That is why it is so important to contact a qualified personal injury attorney as soon as possible after a product accident. 

The types of compensation available in product liability cases include medical expenses, lost wages and pain and suffering. Medical expenses cover the costs of treatment related to the injury. Lost wages compensate for income lost due to the inability to work. Pain and suffering address the physical and emotional distress caused by the injury.

At The O’Neil Law Firm in Hartford, we represent residents of Hartford, Middlesex, and Tolland counties who have been injured by defective products. We operate on a contingency basis for personal injury cases. Call us at 866-418-7593 or contact us online to set up a free initial consultation.