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The basics on products liability lawsuits

On Behalf of | Dec 20, 2021 | Personal Injury |

It seems like a day does not go by where we do not hear of vehicle defects causing car crashes or other product recalls and defects that harm consumers in Connecticut. Consumers harmed by dangerous products may wonder what their legal options are. One option available to some is to pursue a products liability lawsuit.

Three types of product defects

If the manager or supplier is to face liability for product defects, the defects must fall under one of three types. First are design defects. These are flaws inherit in the design of the product itself. Second are manufacturing defects. These are flaws that occur during the production of the product. Sometimes only a few of many products have a flaw that leads to a manufacturing defect. Third are marketing defects. Marketing defects may take the form of improper instructions or faulty warnings of latent dangers.

What are the elements of a products liability lawsuit?

If an injured consumer wants to sue the seller of the defective product, there are five elements a plaintiff must prove to prevail in a products liability lawsuit. First, the plaintiff must have been sold a product by the defendant, which the plaintiff used. Second, the defendant must be the seller of such products. Third, the plaintiff must have been injured. Fourth, the product must have been defective at the time of sale. Fifth, the defect must actually cause the plaintiff’s damages and such damages must have been foreseeable. Strict liability may apply as well, meaning that the plaintiff only needs to prove the product is defective, regardless of the defendant’s intent.

Know your rights

It is distressing to suffer injuries due to product defects. If it happens to you, you will want to research your rights, including whether pursuing a products liability is right for you. This way, you can make decisions that are in your best interests.