Defective products enter the marketplace with regularity and many consumers each year get injured due to this negligence. Manufacturers, distributors and retailers are responsible for ensuring the safety of the products introduce into the stream of commerce. A trustworthy personal attorney like George W. Ganim, Jr. can bring a suit for monetary damages on behalf of the injured person. As a Trumbull defective product lawyer, he can offer valuable assistance to anyone who suffered an injury when a product failed in such a way that someone suffered harm.
Theories of Liability in Defective Product Cases
Several legal approaches are available if you wish to make a claim against a negligent entity involved in making a product. A Trumbull product liability lawyer can evaluate which theory of liability might be more likely to be successful in a particular case.
If you can show that the product was defective, the manufacturer could be liable under strict products liability. You would not need to lay out how the manufacturer was careless or committed any wrongdoing, only that the product had a defect in its design, manufacture or labeling.
You might instead choose to bring a claim alleging negligence if you could not prove a product defect. Negligence requires you to show that the at-fault party failed in an obligation to the consumer, and that you suffered documented losses resulting from that failure.
Types of Product Liability Claims
There are a number of products that may give rise to a product liability claim. To name a few:
- Automobile defects (cars, trucks, RVs, etc.)
- Defective appliances
- Defective tools, equipment and industrial machinery
- Defective medical devices such as: Stryker hip replacement, transvaginal mesh injury and surgical staples
- Defective surgical implants (knee, hip, breasts, etc.)
- Defective construction (pool, gas piping and others)
- Medications such as Zantac
- Consumer products
- Pharmaceutical products
Monetary Damages to Compensate for Losses
When defective products cause injury, the manufacturer, distributor and retailer all could be liable for damages. Damages compensate an injured person for all the losses that they experienced from an injury. A local defective products lawyer can help a person assess and document all the losses that resulted from the accident.
Economic damages cover medical expenses, including copayments, deductibles, prescription drugs and services not covered by insurance. A claim for damages could include durable medical equipment, house renovations to accommodate an injury and virtually any expense that is related to treating or managing an injury.
These damages also cover lost income if the person had to take time off from their job using sick days or vacation time. The at-fault party could also be forced to compensate for lost future earning potential if the injury permanently affects the person’s ability to work.
Non-economic damages cover the intangible losses that do not have an obvious price tag. Pain and suffering are a common element of non-economic damages, as well as disfigurement, mental distress, permanent loss of function, inability to enjoy life and loss of consortium.
Fault May Impact Damages Award
The injured individual’s conduct affects the compensation they might receive. If they were negligent and bear some fault for the accident that caused their injury, their final award may be reduced. Attorney Ganim can evaluate the facts of a case and determine whether they might be judged partially at fault for an accident.
Connecticut General Statute §52-572h follows a modified comparative negligence theory. Negligent plaintiffs may collect damages only if the combined negligence of other parties exceeds their own. When a negligence action goes to trial, the judge or jury must allocate fault to each party. If the plaintiff receives an award of damages, the judge will subtract a percentage that reflects the plaintiff’s share of the responsibility.
An injured party may be awarded additional damages pursuant to Connecticut General Statutes § 52-240b, which specifically provides that punitive damages may be awarded in product liability actions if the claimant proves that the harm suffered was the result of the product seller’s reckless disregard for the safety of product users, consumers or others who were injured by the product. It is within the sole discretion of the jury to determine whether punitive damages are warranted in a case. Once the trier makes that determination, the court then gets to decide the amount of damages.
Find Your Advocate with a Trumbull Defective Products Attorney
Many product manufacturers devote considerable resources to defending claims against them. It is critical for someone who suffered an injury resulting from use of a product to have a savvy representative advocating on their behalf. A Trumbull defective products lawyer could provide strong representation to help ensure that you get the compensation you need to make up for your injuries and losses. Schedule a consultation today with Attorney George W. Ganim, Jr.