Consumers have the right to assume that the products they buy will not cause them harm. We expect that the products we buy will be free from dangerous design issues or manufacturing defects. We count on the food we eat to be safe for consumption. And we trust that the drugs we take will make us better, not worse.
If you have been harmed by a dangerous or defective product, you have the right to take action against the negligent manufacturer, seller, or other liable parties. Hiring a lawyer to assist you is crucial, however, since determining liability in these cases can be challenging. One or more parties along the supply chain could be responsible or share liability, making these claims particularly complex. So you need a lawyer with extensive experience handling product liability claims.
Turn to the team at the Cain Law Office for help. Our Edmond product liability attorneys have been helping people here and in other nearby communities for more than 20 years, and we are ready to help you now. Call our law firm or reach out online to schedule a free case evaluation with one of our Edmond product liability lawyers today.
What Do You Have to Prove in a Product Liability Case?
In Oklahoma, an injured person must prove three elements to prevail in a product liability action:
- A product was the cause of the injury
- A defect existed in the product
- The defect made the product unreasonably dangerous to the person using it
There are three defenses that companies may use to fight these claims: lack of causation (the product did not cause the injury), abnormal use, and assumption of risk. Manufacturers and other parties involved in the assembly of products can be held strictly liable (meaning the victim does not have to prove negligence on the part of the defendant) when harm occurs. Courts have also allowed product liability actions to be brought against retailers in certain cases when sellers have altered products.
Common Types of Product Liability Claims
While any product could potentially be defective, some examples of the types of products that our law firm investigates include:
- Auto parts and other motor vehicle parts
- Children’s toys, clothing, and furniture
- Bedding and clothing
- Hot water heaters
- Household appliances and electronics
- Industrial and household chemicals
- Medical devices
- Pharmaceutical drugs
- Agricultural equipment
- Heavy machinery
- Construction tools or equipment
- Car seats
- Tainted food
- Manufacturing equipment
If you believe your injury was due to a dangerous or defective product, you should speak with an Edmond product liability attorney today. Our team will review your claim at no charge and go over all of your legal options for pursuing the compensation you need to recover.
What to Do If You’ve Been Harmed by a Dangerous or Defective Product
Your first step when you are involved in an accident caused by a dangerous or defective product always needs to be seeking medical attention. You should go to a hospital, even if you are unsure how badly you are injured, as it is critical for you to have proof that any injuries you did suffer were treated properly.
Try to save whatever remains of the product. Keep the original packaging and receipts of purchase. Store the product somewhere safe so nobody else will be harmed by it.
Then talk to an attorney. Be sure to give your lawyer the product for inspection and safekeeping. Explain your injuries and how they are affecting your life. Your attorney will advise you on your next steps.
Compensation for Your Injuries
If a defectively designed or manufactured product harmed you, the manufacturer or other entities responsible could owe you significant compensation for your losses. In general, you could be owed payment for:
- Medical costs
- Lost wages (past and current)
- Ongoing life care costs
- Loss of future earnings
- Repairs or replacement of damaged property
- Loss of enjoyment of life
- Loss of consortium
- Pain, suffering, post-traumatic stress
If a loved one was killed by a dangerous or defective product, you may be entitled to pursue a wrongful death lawsuit against the liable party or parties. Through this type of claim, you can demand justice for your loved one and compensation for the losses suffered.
Product Liability Statute of Limitations
In Oklahoma, a two-year statute of limitations applies to product liability actions. A product liability claim typically must be filed within two years of the date of the accident that caused a person’s injuries.
When a minor is hurt by a defective product, the limitations period may be tolled (delayed) so the child will have one year to file from the date that he or she turns 18.
It is important to understand that building a product liability case against a large company takes time and resources. So you should speak with an attorney as soon as possible after your accident.
Talk to an Edmond Product Liability Lawyer Now
Our product liability lawyers at the Cain Law Office represent clients in Edmond and across the state of Oklahoma. We are proud to serve those in our community who have been hurt in accidents that could have been prevented. We have the experience and the resources to help you hold manufacturers accountable and demand the full and fair compensation you are owed.
Our attorneys represent clients on a contingency fee basis, which means you will not have to pay us up front to represent you in your product liability claim. If we take your case, we will fight for a fair settlement or represent you at trial, and our fees will be paid as a percentage of any compensation we recover for you. If we don’t win your money, you won’t owe us anything.
Call us or contact us online to take advantage of a free consultation.