Bozeman Defective Dangerous Product Lawyer
Manufacturers of goods are obligated to guarantee the safety of the goods they offer. The expectation for consumers is that the product they purchase will not cause them harm when utilized for their intended purpose. Some manufacturers may refuse to honor this duty and create products with bad designs or subpar materials that cause harm to innocent consumers. Defective products can result in grave, disabling, or fatal injuries.
At Beck, Amsden & Staples, our team of qualified Bozeman defective dangerous product attorneys are committed to holding manufacturers accountable for any injury they cause a bystander consumer. Our experienced team will make sure that you are positioned for the best chance of recovery and are given the attention you deserve to win your case. Call us today for your free consultation.
What is the Definition of a Dangerous or Defective Product?
According to Montana law, a person or a producer can be held accountable once the product offered or sold can be labeled as dangerous or defective. The manufacturer of a product is required to account for any foreseeable use of the product, even if the product is not used in the way it was designed. In other words, the abuse of a product is not an automatic defense unless it is not reasonably foreseeable that the product would be used in that particular way. This brings about a theory of liability known as “strict” liability. In more simplistic terms, the condition of the product is the primary focus in determining liability, as opposed to any intent of the manufacturer.
A product may be flawed in various ways, according to product liability law. These include:
- A flaw in how the product was created
- A flaw in the way it was created or formulated
- A flaw in the way it was promoted, such as failing to inform customers of risks or giving inadequate usage instructions
Claims for product liability can be challenging since the burden falls upon the victim to demonstrate that a flaw in the product when used as intended, caused your damage. If a plaintiff can successfully demonstrate that the manufacturer was responsible for such injuries, the plaintiff can recover financial assistance to offset medical costs, lost wages or income, suffering, and other losses.
How Common Are Defective and Dangerous Product Accidents?
According to the Consumer Product Safety Commission, faulty, hazardous, or harmful items result in approximately 21,000 fatalities and 29.4 million injuries each year. The annual cost of injuries, fatalities, and property damage in the US is estimated to be $700 billion.
What Are The Types Of Defective And Dangerous Product Accidents?
Any kind of product that is flawed and causes harm might be the subject of a product liability claim. The following cases are the most commonly seen that lead to the rise of a lawsuit or legal action:
- Harmful Drugs. Drugs that seriously hurt consumers by failing to work as promised or having unreasonable adverse effects.
- Faulty Medical Equipment. Many medical gadgets might degrade over time or have intrinsic defects despite rigorous testing.
- Automobile Flaws. Vehicles with crashworthiness faults or specific components, such as seatbelts and airbags, that are faulty.
- Hazardous Substances. Serious illnesses have been linked to household cleaning products and specific pesticides.
Faulty machinery, including mining equipment, agricultural equipment, and manufacturing equipment, maybe at the center of a dangerous or defective product liability action. Consumer goods like tools, appliances, or gardening supplies that are used in or around the home could also be a cause for a lawsuit.
Automobiles that have resulted in auto accidents or injuries owing to faulty brakes, gasoline lines, seat belts, anti-rollover technology, etc. are another prominent subject of product liability cases.
Other miscellaneous types of products that have led to some defective or dangerous product liability cases include:
- Manufacturing tools
- Airplane defects
- Agriculture machinery
- Mining machinery
- Oil refinery machinery
- Logging machinery
- Toys designed for children
Defective and Dangerous Product Liability on Bozeman
Montana provides its residents with the right to acquire and use goods on the belief that they are safe. Montana’s rigorous product liability law offers some of the country’s best consumer safeguards for purchasers of faulty goods.
According to Montana’s strict liability law, rather than looking at a company’s actions, the liability for a defective product is decided by assessing how harmful the product is. In other words, simply because a hazardous product complies with industry standards does not automatically absolve the manufacturer of responsibility for the harm it caused to customers in Montana.
Who Can Be Held Liable for Defective and Dangerous Products?
Because products often go through various stages in the manufacturing lifecycle, injuries may be the fault of the product’s designer, the manufacturer of the defective component, the transport of the product, the sale of the product, etc. A product’s producer frequently incorporates components from other manufacturers into the bigger design. Thus, many parties might be held responsible for the potential personal injuries incurred. The theory of product liability allows for the plaintiff to go after each party and for the parties to sort amongst themselves who contributed to the flaw that led to the victim’s harm.
Statute of Limitations
According to Montana law, a plaintiff must file a claim within three (3) years of the incident that caused the harm, or three years (3) after it should have been reasonably discovered. If a victim fails to file a lawsuit in time, the victim may forfeit the right to pursue legal action. The statute of limitations is designed to keep cases timely and provide the court with the ability to ensure due process is given to each plaintiff without allowing for an unlimited amount of time to file.
Contact our Bozeman Defective Dangerous Product Attorney Today
An innocent consumer never intends to buy a product and suffer grave harm. At Beck, Amsden & Staples, our dedicated staff of defective dangerous product attorneys fights vigorously to recover the injuries suffered by our clients. We will be there each step of the way to guide you through these difficult times. Call our Bozeman defective dangerous product lawyers today for your free consultation.