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Products Liability

Products Must Satisfy Their Intended Purposes

November 15, 2019

Persons Injured Due to Defects in Design, Manufacturing, or Labeling May be Entitled to Substantial Damages

Virtually everyone in Montana has experienced the frustrations of dealing with a defective product. The expensive insulated coffee mug leaks, the new auto won’t start, even though you’ve taken it to the dealership multiple times, the “heavy-duty” string trimmer won’t cut even “light-weight” weeds — the list is almost endless. While those sorts of defective products can produce frustration, the tragedy is that all too many defective products lead to serious injury, even death. If you have suffered such an injury, you should consult an experienced Billings products liability attorney.

Three Types of Product Liability Injury Claims in Montana

Generally speaking, there are three types of product liability injury claims. They include claims involving:

  • Defects in Design – This category includes those products that cannot perform as intended, due to a flaw in the overall design itself. A pair of sunglasses is advertised as “UV-Blocking,” but due to the wrong type of coating on the lens, harmful rays pass right through, causing serious burns to the face and eyes.
  • Defects in Manufacturing – With regard to these sorts of products, the overall design is just fine. Indeed, if the product had been manufactured according to the design specifics, it would have worked well enough; it’s just that the folks at the factory didn’t properly follow directions. For example, the roller skates have loose fittings. That causes an injury to the young person using the skates.
  • Defects in Labeling – This can be the most dangerous type of defect. For example, the over-the-counter cold remedy may be hazardous if taken in combination with another type of medicine, but the manufacturer fails to affix an appropriate warning label.

As to any of these types of defects, your options can best be explained by a skilled Billings products liability attorney.

In Each Case Above, the Product Fails to Operate as Originally Intended

In any of these situations mentioned above, the product has failed to operate as originally intended. This sort of failure is often referred to as a breach of express or implied warranty.  If the defective product has caused physical injury to the user, the manufacturer may be liable not only for the value of the defective product, but also for:

  • Pain and suffering
  • Lost wages, if the injury causes the victim to be unable to work
  • Permanent impairment, if any
  • Medical bills (both past and future)
  • In some rare cases, the manufacturer may be liable for punitive damages.

Product Liability Claims Serve Two Purposes

Legal experts in states such as Montana point out that a product liability claim serves two purposes. First, particularly through the assistance of knowledgeable and caring Billings products liability attorney, the victim can recover money damages for the loss. Second, dangerous defects can be brought to the attention of the public in order that other innocent persons can avoid the defective product and, therefore, avoid injury and pain.

Product Liability Claims Are Special Types of Claims That Call for a Skilled Billings Product Liability Attorney

Product liability claims, while relatively infrequent in number, require the special skills of true litigators — attorneys who have the experience, resources, and knowledge to seek and obtain redress for your loss. In some situations, the attorney representing you in your products liability claim may have to maneuver through a complex maze of federal and Montana law. The stakes are high; special time limits may apply to your claim. You owe it to yourself to get the assistance and expertise of an experienced lawyers like those in the Billings product liability injury firm of Ragain & Clark, PC.