When you purchase a product, you have the reasonable expectation that the product will work as advertised. You also believe the product is free of defects can be used safely when used as recommended. When those expectations are not met, and worse, an injury occurs as a result, you may be entitled to compensation under Rhode Island consumer liability law. Attorney Stephen Archambault has a successful history of handling product liability cases and recovering compensation for his clients’ injuries, lost wages and other losses.
If you are injured by a defective product, you may have practical grounds for a lawsuit against the manufacturer, distributor, or another entity involved in the production and sale of the product, depending on the type of defect that occurred. Everyone involved in the design, manufacturing and distribution of a product or device has a responsibility to ensure it is safe for the user. When there is a breakdown in the process, those responsible for the failure can be held liable for the victim’s injuries.
Some of the most common products seen in consumer liability cases involve the following:
This list provides just a smattering of the many products and devices that might be the subject of a consumer liability lawsuit. If you have suffered injuries from any of the items above or another type of product, contact Archambault Law to find out if you are eligible for compensation for your injuries.
Consumer liability lawsuits filed in Rhode Island may fall into a variety of categories:
Defective Product Design
A design defect is a mistake or oversight in a product’s initial blueprint that creates a potentially dangerous hazard for potential users, even if the item is used appropriately. This type of defect will typically be found in all of a company’s products.
These problems are caused by an error in assembly and are not intended to be a part of the product. Under the statutes associated with strict liability, a manufacturer is responsible and liable for any potential mistakes that occur as a result of faulty construction, regardless of whether they took care throughout the manufacturing process.
Failure to Warn
You may also have grounds for a consumer liability lawsuit in Rhode Island if you can show the manufacturer or another party failed to provide proper information about potential hazards associated with that product. Any entity within the manufacturing and distribution process can be held liable if a simple warning could have prevented injury from possible risks or if the instructions themselves, when followed properly, caused the injury.
There are three allegations commonly asserted in consumer liability lawsuits:
This allegation claims the product or device in question was dangerous, without the need to prove negligence or breach of warranty contributed to the hazard. This allegation is determined strictly on the amount of damage that was done
Breach of Warranty
When a product is accompanied by a written warranty, and the terms of the warranty are breached in some way, this may be the allegation included in the consumer liability lawsuit. Both the written or express warranty and the implied warranty can be called into question during one of these cases.
If someone in the production and distribution process failed to exercise reasonable care and it resulted in a dangerous product, negligence may be the allegation included in the consumer liability lawsuit.
Consumer liability cases can be more complex than they sound on the surface. First, you must prove that the product in question was indeed defective in some way. Second, the defect must be directly linked to your injuries. Finally, the onus is on you to show the extent of your injuries to ensure you receive full compensation for them and the way in which they have impacted your daily life.
If you can effectively argue all of these points, you may be entitled to compensation for your medical costs to treat your injuries, lost wages as a result of your inability to work, and the pain and suffering you have experienced and will continue to endure in the future. An attorney seasoned in Rhode Island personal injury law will know how to collect the testimony and evidence necessary to prove your case to the court and help you obtain all the compensation you are legally due.
If a faulty device or product has caused you serious and even life-changing injuries, you have legal options. However, navigating the process alone promises to be challenging, particularly as you are recovering from your injuries and trying to get your life back on track. Contact Archambault Law today to get the proper legal representation you need to win your case. Contact us today at 401-231-9700 to receive a complimentary case review and answers to your legal questions.