Residents in Montana often rely on consumer goods to get through their day. Whether it is a household item, a motor vehicle, a tool, or an electronic, consumers often do not think about the dangers and risks that could potentially exist with their usage. Nonetheless, defects can and do exist, resulting in serious and even fatal consumer injuries.
Sometimes it's easy to tell when you might have a personal injury claim against the manufacturer or distributor of a machine or piece of equipment. In other situations, however, it takes close investigation to show that how the failure or malfunction of a component played a role.
When a serious injury results from a consumer product, it is important that an injured individual understands what steps could be taken to protect his or her rights and interests. A product liability claim could be a vehicle through which the consumer can hold the negligent party accountable and even recover compensation for losses and damages.
Call (406) 215-4735 for Advice About Product Defect Claims.
Who Can Be Held Liable for a Defective Product
In most cases, product liability claims place liability on manufacturers or sellers. This includes:
- Product manufacturers
- The manufacturer of component parts
- The party that assembles and installs the product
- The wholesaler
- The retail store that sold the product to the consumer
Types of Product Defects
There are three types of defects that can serve as the basis for a product liability case.
A design defect occurs when a defect was present in a product from the very beginning. This happens even before the product is manufactured when there is something in the design of the product that is inherently unsafe for consumers.
A manufacturing defect occurs during the manufacturing or assembly process.
A marketing defect happens when there are flaws in the way a product was marketed. This could include improper labeling, insufficient instructions, or even inadequate safety warnings.
Types of Product Liability Cases
Our lawyers advise people about their legal rights in products liability cases of all kinds:
- Auto defects, including components such as airbags, tires, seatbelts or fuel systems
- Industrial equipment and machines
- Farm and ranch equipment
- Mining or logging equipment
- Recreational equipment, such as snowmobiles, ATVs, personal watercraft or outdoor gear
- Consumer tools, gardening equipment or heating devices
Contact us for a free consultation about your potential case. Our AV-rated* law firm has a 30-year tradition of client service on behalf of Montana consumers, drivers and workers. Protecting the interests of people injured by dangerous machines, components and consumer goods represents a natural extension of our personal injury practice.
Proving Negligence in a Product Liability Case
When a defective product harms a consumer, it is important to understand how the incident could have prevented. In some instances, trying to figure this out can lead to the discovery of negligence. If so, then an injured consumer may want to consider taking legal action in hopes of recovering compensation for their damages.
Edwards & Culver is experienced with the investigation and proof of products liability claims of all kinds. Whether your product defects claim is obvious or well hidden, we can mobilize the technical experts necessary to review and critique the design or manufacture of the device involved in your situation.
How a Product Liability Lawyer Can Help
Product liability litigation can be highly technical. It's up to the plaintiff not only to show that a particular product caused an injury or death, but also to prove that the actual danger represented negligence in design or manufacture. This evidence must normally be developed and presented through experts qualified to express opinions about design and production techniques in a particular industry.
Our ability to meet the challenges of product liability litigation can help drivers whose injuries are far greater than those covered under applicable car insurance, or employees whose workers' compensation benefits will fall short of the full range of their losses.
Edwards & Culver handles products liability cases throughout Montana. To learn more about our practice and our client service values, contact us in Billings for a free consultation.
*CV, BV, and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories - legal ability and general ethical standards.