With little ability to judge their safety beyond reading product reviews and labels, consumers often must simply assume the products they use every day are safe. Product manufacturers and governmental regulatory agencies are charged with taking appropriate measures to ensure public health and safety.
However, dangerous and defective products are sold every day across the nation. When consumers are injured seriously or fatally, the defective nature of a product may come to public light.
If a consumer product inflicted harm upon you, a loved one, or your property, you may be entitled to compensation that a seasoned personal injury attorney could help you provide. Product liability cases are complex, so consulting with a Broken Arrow defective products lawyer could be crucial to your ability to recover monetary damages.
Oklahoma state law recognizes several different ways in which consumer products can be defective, leading to injury. For example, a product may be considered to have a design defect when some aspect of its design has inherent problems—like lead contamination or a risk of overheating—that cause injuries.
Similarly, a manufacturing defect may stem from defective materials or ingredients, improper installation, or a missing part. Possible examples include a contaminated batch of an edible substance or a machine that dangerously malfunctions due to improper assembly.
Finally, products with inadequate warning labels may cause injury by not adequately informing the consumer of potential risks. A product may be released with certain risks associated, but if the consumer is not informed of these risks, the manufacturer may be liable for harm that results. A Broken Arrow attorney experienced in defective products matters could identify which defect or defects may apply in a particular case.
Oklahoma law requires that claims for injuries or property damage resulting from defective products must be started within two years of the date of discovery of an injury. Otherwise, an injured party may be barred from pursuing compensation. A seasoned lawyer could help one with filing a claim promptly.
Assuming a civil action is filed in a timely fashion, a plaintiff typically has to establish the following elements in order to prove liability and recover damages:
Defective products claims are most typically brought against a product’s manufacturer, but defendants could also include the designer, distributor, marketer, seller, and others. It should be noted, though, that Oklahoma passed a law in recent years that provide special protections for product sellers, as well as manufacturers that comply with federal safety regulations. A skilled defective products lawyer in Broken Arrow could work to identify all possible defendants to ensure the greatest likelihood of recovery.
When products cause harm, the companies who are profiting should be held accountable and the consumers should be compensated for their losses. If a defective product harmed you or a loved one, a Broken Arrow defective products lawyer could help you seek civil damages. Reach out to an attorney today to learn more about standing up for your rights.