The law holds persons who design, manufacture, sell, distribute, and/or Install  products liable when those products are unreasonably dangerous and cause harm to consumers. Products must be reasonably fit for their intended use, and designers, manufacturers, and distributors must provide clear and adequate warnings regarding potential dangers.
When a defective product in Connecticut harms a consumer, he or she may be entitled to collect compensation from the parties responsible for injuries. Product liability claims are a field of personal injury law that cover these situations. The injured person must establish certain elements to be entitled to compensation.
If a defective product has harmed you, there are essential steps you should take so that you don’t jeopardize your claim. The Connecticut personal injury lawyers at Wofsey Rosen recommend taking the following steps to protect your legal rights.
Preserve and Document Evidence of the Defective Product and Harm Done
Retaining the defective product will support your claim. Try to get pictures of the product as it was being used when the defect was discovered. Carefully preserve the product and all pieces, including the packaging. Locate the original receipt to show how you acquired the product.
Take pictures of any damage caused by the defective product, including injuries. Carefully document how the product was used at the time of damage or injury. Three primary types of defects are recognized in product liability, including:
- Design defect – mistakes are made in the conception and development of the product
- Manufacturing defect – mistakes are made while assembling the product
- Distribution defect – the product is marketed without adequate warnings
If any of the defects exist and are shown to be unreasonably dangerous, the responsible parties are held strictly liable.. If defects exist but cannot be shown to be unreasonably dangerous, proving wrongdoing by the responsible parties will also support a product liability claim.
Get Medical Attention for Any Injuries Caused by the Defective Product
Suppose the product caused serious injury, or otherwise left you in need of immediate medical care. In that case, establishing that the defective product caused your injuries might be easier. You will have told the treating doctor how your injuries occurred, and it will be in your medical records, which are considered credible evidence.
However, suppose you are unsure about your injuries or don’t feel the need for medical attention. In that case, you may still need to consult a healthcare professional to document any possible or suspected injury resulting from the defective product. If injuries develop much later than exposure to the faulty product, it may still be possible to bring a product liability lawsuit, but it can be more challenging to establish a connection between the injury and the defective product.
You should also document how the injuries affect you. You want to record how you feel as a result of the injury and what you can or cannot do. Having a detailed, written record of the effects of your injury helps prove your claim and is an important factor in determining  amount of compensation to which you may be entitled..
Report the Defect to the Manufacturer and Appropriate Government Agencies
If a defective product causes harm to you, you should report your experience to the company that manufactured the product. If a defective product poses a substantial risk of injury to consumers, the manufacturer must report this information to the Consumer Product Safety Commission (CPSC), typically within 24 hours.
Consumers are also allowed to report unsafe products directly to the CPSC. The Connecticut Department of Consumer Protection (CDP) may also be able to assist with resolving issues between consumers and businesses.
Why You May Want to Contact a Lawyer as Soon as Possible
Product liability claims can be challenging to substantiate. Manufacturers have legal teams whose sole focus is to defeat defective product claims. Gathering evidence can be an extensive process involving technical legal procedures and requiring the opinions of experts.
To win a product liability case, the product must be shown to be unreasonably dangerous when used by a consumer as intended for use. Then the unreasonably dangerous defect must have directly caused the harm to the consumer.
Manufacturers (who, under Connecticut law, include those who design, assemble, fabricate, construct, process, package, or otherwise prepare a product or part of a product before its sale) will likely raise questions about how the product was being used, the product’s condition, and any available procedural issues.
Consumer Misused Product
Manufacturers can defend consumer claims by attempting to prove that the consumer did not use the product as intended or used it in a manner that was not foreseeable.
If a consumer can be shown to have been aware of the dangerous condition and still used the product, the manufacturer may argue that the consumer assumed the risk of harm by using the product.
Product Was Not Defective
A manufacturer may deny that a product is defective, arguing it was no more dangerous than an average consumer would have expected. A manufacturer may also claim that the product was not defective when it left the manufacturer’s control, and the defect was caused by an intervening event that substantially altered the product’s condition.
Legal or Procedural Bars
A product liability claim can be lost if a consumer is unable to show, by a preponderance of the evidence, that the defective product was unreasonably dangerous or that the product was the direct cause of the claimed harm.
There are also time limits for bringing product liability lawsuits. In Connecticut, product liability claims must generally be brought within three years of experiencing or discovering the harm.
In most cases, manufacturers cannot be held responsible if more than 10 years have passed since a product left their control. There is an exception to the 10-year rule if a consumer can establish the harm occurred during the product’s useful safe life.
Consult Wofsey Rosen if You are Harmed by a Defective Product in Connecticut
Consumers harmed by defective products need aggressive advocates to stand up to the power and influence of product manufacturers. Serving Stamford and its surrounding areas for over 100 years, the dedicated litigators at Wofsey Rosen are committed to securing justice for clients harmed by defective products.