Defective Products / Devices
Serving Greater Danbury, Bridgeport, Hartford, Norwalk, & New York City
The experienced legal counsel at Ventura Law take pride in their ability to effectively champion the right of individuals to compensation for harms caused by manufacturers of defective machines and consumer products. Even in cases where the manufacturer’s wrongdoing is clear, investigation and trial preparation against a large corporation, often in multiple courts around the country, can be a complex and lengthy undertaking.
If you or a family member have been injured as a result of a defective machine or product, we urge you to contact Ventura Law without delay. Our substantial experience in these matters allows us to accurately assess the losses you have suffered and to pursue fair compensation on your behalf.
Dangerous Consumer Products
In our modern society, consumers depend on manufacturers to supply safely designed, carefully built appliances, toys, tools, and other household products. When this doesn’t happen, the law gives consumers the right to compensation for the injuries that occur.
There are three main types of defective product claims: defective manufacture, defective design, and failure to warn.
- Defective manufacture: This type of claim arises when a consumer product is poorly made, for example, a bicycle that contains a crack in the frame or an electrical appliance that is incorrectly wired.
- Defective design: A defectively designed product is one that is well-made but engineered in a way that presents an unreasonable risk of harm. For example, the faulty design of ignition switches in several lines of General Motors automobiles caused the engine to shut off suddenly, resulting in numerous fatal crashes.
- Failure to warn: Some products are safe if, and only if, they are used by someone with knowledge of known dangers. A “failure to warn” case might arise if the manufacturer of an infant car seat failed to warn the purchaser that the seat would not adequately protect children over 40 pounds.
Ventura Law’s experienced personal injury attorneys are prepared to represent you in defective product claims involving any type of household product, including the following:
- Baby gates and cribs
- Chemical cleaning products
- Child restraint systems and infant car seats
- Exercise equipment
- Furniture, including reclining chairs and sleeper sofas
- Household electronics such as vacuum cleaners or hair dryers
- Kitchen appliances such as ovens, stoves and dishwashers
- Lawn mowers and other yard equipment
- Over-the-counter drugs
- Power tools such as nail guns, table saws and drills
- Pressure cookers
- Small appliances such as toasters and coffee makers
- Smoke detectors
- Space heaters
- Washers and dryers
Our decades of collective experience and well-earned reputation as skilled litigators help to ensure that your claim is taken seriously. We have no fear about taking on major corporations that put profits ahead of consumer safety. We will be there with you at every step, constantly working to secure the most beneficial possible outcome on your behalf.
Machine malfunction cases are a special type of defective product claim that arises when, during the course of employment, a worker is injured by a poorly designed or manufactured machine. Although state worker’s compensation laws prevent the injured worker from suing the employer for the injuries, a claim may be asserted against the company that manufactured, installed, or repaired the defective equipment.
If you have been injured by a faulty machine, either on the job or at home, it is important that you retain knowledgeable attorneys to protect your rights and obtain just compensation for your injuries. Ventura Law has over 60 years’ experience in handling these and other types of personal injury claims. We can evaluate your case, free of charge, and provide a candid assessment that will help you determine how to protect your rights.
Ventura Law will make sure that all responsible parties are held accountable while we work for full and fair compensation. We will fight to get you the compensation you deserve so you can begin to move forward with your life. Ventura Law takes all cases on a contingency basis, so you owe us nothing unless we recover compensation for you.
Defective Products FAQ
Can I Sue for a Defective Product?
Generally, consumers have the legal right to recover damages they suffer due to a defective product. You and your lawyer must be able to prove the following in order to recover compensation:
- The product in question is defective
- This defect caused you harm
- Your harm resulted in losses (including physical injury, property damage, etc.)
- You were using the product for its intended purpose or in a reasonably foreseeable way
You may not need to file a lawsuit to recover compensation. The companies that make products (as well as their insurance carriers) may be willing to negotiate a fair settlement with you if it saves them the time, expense, and bad press of a trial.
Conversely, corporations will always protect their bottom line. If the company will not agree to a fair settlement, your attorney may need to file a lawsuit on your behalf.
Who Can Be Held Liable for Injuries Caused by a Defective Product?
The majority of products today are designed, manufactured, and distributed by a number of different parties. Generally, all of the parties in this “chain of commerce” can be held liable in a product liability claim.
Potential liable parties in your case may include:
- Companies involved in the design of the product
- Companies involved in the manufacture and assembly of the product and/or its parts
- Companies responsible for the design, production, and application of instructions and warning labels
Depending on the circumstances, you may not need to prove that the negligence of one or more of these parties resulted in your injuries. Under strict liability rules, the makers and sellers of products are liable for damages caused by defects in the products they create and distribute.
An experienced product liability lawyer can advise you of your legal options and build a strong claim on your behalf. Meet the attorneys at Ventura Law to discuss your case.
Are Retailers Liable for Defective Products?
In certain circumstances, yes, a retailer may be liable for selling a defective product. Although retailers do not design or make the products they sell (i.e., the store did not introduce the defect that resulted in your injury), consumers do have a right to expect that the products they buy from a store are safe.
One instance where a retailer may be liable in a faulty product claim is when a store sells a product with a known defect. Generally, this involves cases where a recall has been issued for the product, but the retailer fails to take it out of circulation. Wholesalers (i.e., the companies that sell products to retailers) and other suppliers may also be liable in these situations.
To recover full compensation in your defective product claim, you must identify all of the liable parties. An experienced attorney can investigate the parties involved in the chain of commerce to determine the liability of the retailer and other potential defendants.
How Do I Sue a Company for a Defective Product?
The decision to file a lawsuit against the company or companies responsible for a defective product should not be made lightly. Lawsuits are naturally uncertain. There is no guarantee of success when taking your case to court. However, thorough preparation makes a favorable result much more likely.
Investigation and discovery are among the most important elements of defective products litigation. Our attorneys will collect evidence and request a wide range of information from the liable company or companies. Review of this evidence, combined with expert testimony, can help us answer key questions in your case such as:
- What is the nature of the product defect?
- How did the defect originate?
- Who is liable for the defective product?
- On what grounds can the case be tried? (I.e., The burden of proof in a negligence-based defective product claim is different than a case brought under strict liability)
The pre-trial process can be lengthy. However, the time and effort is worth it to build the strongest claim on your behalf.
At trial, our lawyers will present the evidence and call witnesses to testify. Our goal is to obtain a favorable verdict on your behalf, but we will also review any settlement offers with you during the trial. If you decide to settle your case during the course of the trial, the courtroom proceedings will come to an end and you will have your compensation.
What Compensation Can I Recover in a Product Liability Claim?
The damages you may be able to recover in a defective product claim depend on the losses you have incurred as a result of the failure of the product. You may be entitled to compensation for the following:
- Medical bills
- Lost wages
- Loss of earning capacity
- Out-of-pocket expenses, including reimbursement for travel to and from medical appointments, the cost of assistive devices, paying for household services, and more
- Pain and suffering
- Scarring and disfigurement
- Emotional anguish
- Loss of consortium
Unfortunately, a significant number of those injured by defective products suffer fatal harm. If a member of your family died due to injuries they sustained from a product defect, you and your loved ones may be entitled to compensation through a wrongful death claim. Although nothing can make up for your loss, recovering damages for wrongful death can help you and your family overcome the financial burdens associated with such a tragedy.
Ventura Law has extensive experience advocating for clients who suffer personal injuries and wrongful death due to defective products. We fully calculate the damages in your case and seek fair compensation on behalf of you and your loved ones.
Our team prepares each case with the expectation that it will go to trial, enabling us to identify and pursue recovery for all of the damages you deserve. This may include punitive damages – additional compensation potentially awarded by the court to punish the defendant(s) for extreme negligence or malice.
What Is the Connecticut Product Liability Act?
The Connecticut Product Liability Act establishes the rights of claimants to pursue legal action for injuries and damages stemming from defective products. Key provisions of the Connecticut Product Liability Act include:
- Grounds for action: Product liability claims in Connecticut may be argued on the basis of:
- “Strict liability in tort;
- “Breach of warranty, express or implied;
- “Breach of or failure to discharge a duty to warn or instruct, whether negligent or innocent;
- “Misrepresentation or nondisclosure, whether negligent or innocent”
- Damages: Consumers can seek compensation for damages resulting from personal injury, wrongful death, and damage to property.
- Liability: Claims may be brought against any “product sellers.” These parties include “a manufacturer, wholesaler, distributor or retailer,” as well as “lessors or bailors of products.”
- Comparative negligence: Fault on the part of the claimant does not bar recovery of damages. However, a finding of comparative fault “shall diminish the award of compensatory damages proportionately, according to the measure of responsibility attributed to the claimant.”
- Statute of limitations: Most product liability claims must be brought within three years.
In New York, product liability claims are governed by common law rather than specific statutes. The statute of limitations in defective product claims is three years, the same time limit for other types of personal injury claims in New York.
What Should I Do with a Defective Product?
One of the most important steps to take if you suspect a faulty product caused you injury is to keep the product in your possession. This may seem counterintuitive; why would you want to keep something that harmed you? While it is crucial to put the product in a safe place and ensure nobody uses it by mistake, the product is the cornerstone of your case. If you discard it or try to alter or fix it, you will lose the principal piece of evidence.
Our lawyers will enlist experts to assess the design and construction of the product for defects. Expert testimony is often crucial in product liability claims to establish why the product failed and how it caused your injuries.
In addition to the defective product, you should keep any documents you have in relation to the product. This may include receipts, instruction manuals, warranty information, etc., as well as the packaging. Our attorneys will review the evidence to determine if the manufacturer failed to warn of a foreseeable risk in the intended or reasonable use of the product.
If you or a loved one suffered injury due to a product defect, you should seek medical care as soon as possible. At the emergency room, doctors and other staff can assess your injuries, perform diagnostic tests, and develop a treatment plan. Seeking prompt medical attention is crucial not only for your physical health and well-being but for your legal claim as well. Insurance companies may contest your claim for serious injuries if you waited to get care.
As you receive treatment, keep all of the bills, explanation of benefits statements, and other documentation you receive concerning your medical care. These documents are evidence of the severity of your injuries and subsequent damages.
Finally, it is in your best interest to speak to a defective product attorney as soon as possible. An experienced lawyer can discuss your legal options and begin collecting evidence in your case.
Contact Our Defective Products Attorneys Today
Product liability is a complex area of law. It is important to work with an experienced legal team that can collect evidence, build a strong claim on your behalf, and pursue the compensation you deserve for your injuries.
Ventura Law has been serving clients in a wide range of injury cases since 1957. We have extensive experience trying claims against major corporations, including defective products litigation.
Please call Ventura Law at (203) 800-8000 today for a free case review. Our defective product lawyers serve clients in Danbury, Bridgeport, Hartford, Norwalk, and all of Connecticut, as well as New York City and other areas of New York.