Determining if a product is defective or dangerous

Saturday October 27, 2018

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.

Get in Touch

Schedule a Free Initial Consultation

At Kennedy, Johnson, Schwab & Roberge, L.L.C., we handle all cases on a contingency fee basis. This means that we do not get paid unless and until you receive a settlement or a jury award.

Schedule a free, confidential consultation with a skilled Connecticut personal injury lawyer today.

News & insights
Medical Misdiagnosis: What Is It and How To Handle It
News

Medical Misdiagnosis: What Is It and How To Handle It

11

June
2022

The Role of Lack of Informed Consent in Medical Malpractice
Articles

The Role of Lack of Informed Consent in Medical Malpractice

11

June
2022

How to File a Medical Malpractice Lawsuit
Articles

How to File a Medical Malpractice Lawsuit

10

June
2022

Connecticut Auto Accident Laws to Be Aware Of
Articles

Connecticut Auto Accident Laws to Be Aware Of

9

June
2022

How Liability Is Determined for Defective Products
Articles

How Liability Is Determined for Defective Products

26

May
2022

The Most Common Personal Injury Cases
Articles

The Most Common Personal Injury Cases

24

May
2022

How a Pedestrian Accident Lawyer Can Help You
Articles

How a Pedestrian Accident Lawyer Can Help You

22

May
2022

The Most Common Surgical Errors
Articles

The Most Common Surgical Errors

20

May
2022

How Medication Errors Can Lead to Lawsuits
Articles

How Medication Errors Can Lead to Lawsuits

18

May
2022

When Should You Hire a Lawyer for a Hit and Run Accident?
News

When Should You Hire a Lawyer for a Hit and Run Accident?

16

May
2022