Defective Products

Connecticut Defective and Dangerous Product Claims

Consumers should be able to use products as reasonably intended without suffering preventable harm. When a product’s design, manufacture, warnings or instructions make it unreasonably dangerous, injured people may have a product-liability claim.

These matters can be technically demanding. The product, packaging, purchase history, warnings, repair history and expert analysis may all become important evidence. Manufacturers, distributors, sellers and other entities in the supply chain may need to be identified and investigated.

Types of Product Defects

  • Design defects: The product’s design may create an unreasonable danger even when it is manufactured as intended.
  • Manufacturing defects: A particular product may differ from its intended design because of an error in production or assembly.
  • Warning or instruction defects: A product may lack adequate information about significant risks or reasonably safe use.

The legal theory and responsible parties depend on the product, how it failed, how it was used and the applicable evidence.

Products That May Give Rise to Claims

Claims can involve consumer goods, tools, appliances, vehicles and components, recreational equipment, children’s products, construction materials, medical devices, pharmaceutical products, machinery and many other products.

Preserve the Product and Related Evidence

The product itself may be the most important evidence in the case. If possible, do not discard, repair, alter, return or allow destructive testing of it before obtaining advice. Store it safely and prevent further use.

Other useful evidence can include:

  • Photographs and video of the product, damage and incident location
  • Packaging, labels, warnings, instructions and manuals
  • Receipts, order confirmations and information about where and when it was purchased
  • Serial, model and lot numbers
  • Maintenance, repair and prior-incident information
  • Medical records, bills and documentation of lost work or property damage
  • Names and contact information for witnesses

What to Do After a Product-Related Injury

  1. Obtain appropriate medical care and describe how the incident occurred.
  2. Secure the product without changing its condition, if it can be done safely.
  3. Document everything before the scene, product or packaging changes.
  4. Avoid signing releases or surrendering evidence until you understand the consequences.
  5. Seek advice promptly. Evidence, potential defendants and legal deadlines can make early investigation important.

This information is general, and the appropriate course depends on the product and circumstances.

Focused Connecticut Representation

Attorney Robert “Bob” Cavanaugh has represented injured people exclusively since 2002. His prior insurance-side experience helps him anticipate how product claims may be investigated and defended. Clients work directly with Bob, and the firm maintains a focused caseload.

Available compensation depends on the facts and may include medical expenses, lost income, diminished earning capacity, pain and suffering, property damage and other legally recoverable losses.

Initial consultations are free. Defective-product cases are handled on a contingency-fee basis, so no attorney’s fee is owed unless compensation is recovered.

Request a free case evaluation or call (203) 259-5400.

Frequently Asked Questions

Here are a few questions that we’re often asked regarding defective products:

  • What is product liability? Product liability refers to the law that governs the liability of manufacturers and others, such as suppliers, distributors, and retailers, for injuries or death resulting from the use of a defective or dangerous product. Product liability cases are generally decided on whether there was an injury and whether the product was defective or unexpectedly dangerous.
  • What makes a product defective? There are three basic types of product defects: design defects, manufacturing defects, and insufficient warnings or instructions.
  • Who can be held responsible for a defective product? The manufacturer, the company that sold it to you, or a person or company that repaired it can be held responsible.
  • Can someone who didn’t buy or use the product file a lawsuit? Someone who didn’t purchase the product but was using it in a manner that was foreseeable may be covered if they were injured. People who were injured when someone else was using the product may also be covered.
  • Is the validity of a case affected if the product was used in a way that was not intended by the manufacturer? Manufacturers are obligated to anticipate foreseeable misuse by consumers, and to warn consumers about potential dangers in using a product in a way that is not intended.
  • Can I sue a foreign corporation that made the product or a portion of the product? Once a product is sold in the United States, the company that manufactured it becomes subject to U.S. laws. However, this may add additional complexity to your case. Having experienced counsel to represent you is the best way to make sure that you’ll receive compensation for your injuries.
  • How long do I have to file a case? Every state has a maximum amount of time, called a “statute of limitations,” in which you must file a defective product lawsuit. Check with an attorney as soon as possible to find out the statute of limitations for your case.
  • How much money is needed to pursue a claim? Product liability cases are often taken on a contingency basis, which means that the attorney is paid only when he or she is successful. However, there may be other costs associated with a lawsuit. These should be discussed with an attorney.
  • What is a class action lawsuit? When many people have been injured by the same product, under similar circumstances, it may be expedient to hire an attorney to represent all of their claims in a single, “class action” lawsuit. Joining a class action may be an easier way to recover compensation. An attorney can help you decide the pros and cons of joining a class action.
  • Should I hire a lawyer? An experienced product liability lawyer can help you to determine how to proceed with your legal claim and can assist you in negotiating a settlement or taking your case to trial. An attorney can increase your likelihood of receiving compensation, and the amount you receive may be higher than if you tried the case without legal representation.