Product liability claims can arise for several reasons. One of the most common is a manufacturing defect when a product is not manufactured as intended. This can be intentional (the manufacturer scrimped on quality or cut corners to save money) or accidental. A manufacturing defect claim may not be appropriate for every product, but it is often appropriate for certain situations.
Manufacturing Defects
A manufacturing defect is a defect that occurs during the manufacturing process. This can make a product dangerous. This defect can occur in various products, including automobiles, medical products, and consumer products. Manufacturing defects can be anything from a missing component in a seatbelt to a manufacturing error that led to a contaminated product.
The most common types of product liability claims in Connecticut involve defective manufacturing. This is the most common category of product liability claims because it means that a product had a flaw during the manufacturing process and led to an injury later. To file a manufacturing defect claim, the plaintiff must prove that the manufacturing defect caused the injury.
Negligence
Product liability claims are filed in court when consumers suffer harm due to the product’s failure to be safe for its intended use. This can be caused by negligence, design flaws, or manufacturing mistakes. The manufacturer may also be liable for failing to warn consumers of possible hazards associated with the product. Many parties are involved in the manufacturing process, and it is often difficult to prove the manufacturer was negligent. Because the manufacturer and the designer share responsibility for the product, they are often partially responsible for its defects. Negligence could lead to substantial injuries if the manufacturer fails to meet reasonable standards of care.
Caveat Emptor Theory
Caveat emptor is a legal theory that states that the buyer must investigate the condition of the goods and services he purchases before purchasing them. This theory is based on the Latin phrase, “caveat emptor,” which means, “let the buyer beware.” It explains that a buyer must take the necessary steps to research the products before purchasing them.
Caveat emptor is a common legal principle used in many cases for decades. In the 17th and 18th centuries, this theory was a dominant legal theory in product liability. It essentially said that the buyer must test the goods before purchasing them and that the seller should not be held liable for damages unless it provides an express warranty.
Compensatory Damages
Compensatory damages in product liability claims are based on a variety of factors. These damages may be economic or noneconomic and are intended to compensate the injured party for their quantifiable loss. These losses include hospitalization and ambulance costs, medical bills, lost wages, prescriptions, and property. They can also include pain and suffering, loss of enjoyment, and diminished quality of life. Remember that a defective condition can be difficult to identify and evaluate when deciding whether you have a product liability claim. It may require the expertise of an engineer or a product liability attorney. A careful analysis by an attorney specializing in these claims can determine whether the product is defective. It may not be a problem if the defect is latent and only apparent to someone with specialized knowledge.
