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Determining if a product is defective or dangerous

On Behalf of | Oct 27, 2018 | Product Liability

Connecticut residents love their gadgets, from ATVs to multicookers, electric blankets and smartphones. If the design of your favorite new tech product is defective, it can cause severe or even fatal injuries. At Kennedy, Johnson, Schwab & Roberge, L.L.C., we have experience representing consumers injured as a result of a defect or dangerous products.

According to FindLaw, the statute of limitations to file a product liability lawsuit is three years. However, that time may be extended if it was not clear at the time of the property damage, injury or death that the issues were due to a defective design. Product liability cases typically focus on the manufacturer’s design and material decisions and if those decisions affected its safety. It is a defect if the final product has a flaw that makes it unreasonably dangerous to use for its intended purpose.

Courts generally conduct a cost-benefit analysis in strict liability and negligence cases. They explore what an alternative, safer design would cost, then weigh that cost against the cost of damages incurred as a result of the current design. The difference between these two types of suits is where the responsibility lay. In negligence cases, the analysis focuses on the manufacturers conduct and if it is reasonable to believe they knew the product risks before it hit the store shelves. In strict liability lawsuits, the analysis focuses on the product and whether it is too dangerous for use as intended.

If you believe a product design flaw resulted in serious or debilitating injuries, there may be grounds for a claim. Visit our webpage for more information on this topic.



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