Posted in News on September 13, 2019
Consumers should be able to count on having safe products. However, there are times when the items that we bring into our homes are defective due to the carelessness or negligence of a company or manufacturer. When that happens, consumers should be able to seek compensation if they are injured or become ill due to the defective product.
If you or a loved one has been injured by a defective product in Montana, contact our Billings product liability lawyers to discuss the details of your case over a free consultation. Our lawyers can give you answers to your questions and guide you towards your best legal options.
What causes products to become defective?
There are various ways in which a product can become defective, whether it is a hard good, medication, food or beverage, or other consumer good.
- Poor product designs: There are times when a poorly designed product makes it through the testing phases without a flaw being discovered (or the flaw is willfully ignored by the company). This can lead to serious injuries or illnesses for consumers.
- Manufacturing errors: If a product is altered or damaged during the manufacturing process, it could become harmful for consumers.
- Labeling problems: This can include a wide variety of things:
- Missing ingredients or allergens
- Incomplete instructions or warnings
- Improper dosage amounts
- And more
Faulty or defective products can cause a wide range of injuries or illnesses. This can include traumatic injuries such as:
- Choking injuries
- Burns injuries
- Broken or dislocated bones
- Lacerations or amputations
- Spinal cord injuries
- Traumatic brain injuries
- Internal illnesses related to food poisoning
- Internal organ damage or failure
What kind of damages are available in these cases?
Consumers injured due to defective products could be entitled to receive various types of damages. This can include:
- Cost of your current and future medical bills related to the incident
- Recovery of income lost if you are unable to work
- Loss of future income if your injuries prevent a return to work
- Pain and suffering damages
- Loss of enjoyment of life damages
- Punitive damages against a company or manufacturer
Please keep in mind that there is a three-year statute of limitations for product liability lawsuits in Montana. This means that your lawsuit must be filed within three years of the injury date.
You can keep your family safe by regularly checking the government website that tracks current recalls in the United States. However, keep in mind that most products do not make it to the recall stage until after they have caused injuries or illnesses that the companies or regulatory agencies have learned about. There are other defective products on the market that have not been recalled. If you or a loved one are injured or become ill due to a defective product, seek medical care immediately.
What an attorney will do to help a product liability case
It is important to secure a knowledgeable and experienced attorney if you or a loved one have been harmed due to the use of a defective product. These cases can become incredibly complex, and your attorney will work to gather all of the evidence necessary to secure the compensation you deserve. This can include:
- Obtaining all medical records related to the case.
- Researching and obtaining all safety issues related to the product or company in question.
- Using expert medical and economic witnesses to properly calculate your total economic and non-economic losses.
- Handle all negotiations between you and other parties in an effort to secure a fair settlement.
- Be prepared to take your case to trial if necessary.