Product liability is an exclusive type of personal injury. There’s the car accident, an accident at work, or a slip-and-fall accident in a retail environment. But product liability is the personal injury law for something you’ve bought and used and caused harm to you or a family member.
It Can Happen To Anyone
Defective products can be anything from a simple coffee maker that sprays hot water to an automobile with failing brakes, and everything in between. Everyday products may have design, manufacture, marketing or labeling defects (“failure to warn”) that can cause injury, pain and suffering.
Some products contain defective parts manufactured by a different company for use in the finished product. You have little or no warning until something goes wrong. If the responsible party refuses to take responsibility for your injuries, it’s time to call New Hampshire’s product liability lawyers.
Any Product Can Be Defective
Some of the most common defective products that come under product liability include:
- Prescription drugs and medical devices
- Foods (i.e., food poisoning)
- Toys for children
- Pet foods, toys and supplies
- Dangerous chemical materials (i.e., lead paint, Roundup, asbestos)
- Industrial equipment (cranes, scaffolding, safety equipment, etc.)
Companies recall a product when a defect is discovered, such as medical devices. But it doesn’t help much if there’s already an injury involved.
Product defects may be simply cosmetic or otherwise harmless. But when a product hurts someone, makes them ill or even causes death to a user, it’s time to hold the company’s designer, manufacturer or other responsible parties accountable.
What Is Product Liability?
It’s the field of law that helps people who were harmed by badly designed or defective products. New Hampshire law defines it:
[A]ny action brought for or on account of personal injury, death or property damage or other damage caused by or resulting from the development, manufacture, construction, design, formula, preparation, assembly, testing, warning, instructing, advertising, marketing, certifying, packaging, or labeling of any product. The term includes all such actions, regardless of the legal theory relied upon, whether strict liability in tort, negligence, breach of warranty, breach of or failure to discharge a duty to warn or instruct, misrepresentation, concealment, nondisclosure or any other theory whatsoever.
You can read more of New Hampshire’s law on product liability here.
Part of building your case is proving that the product in question was indeed defective. The company who designed, manufactured and/or sold the defective product may raise several defenses, such as misuse or contributory negligence. They’ll do this to either dismiss your claim or reduce any settlement you might receive from their defective product. An experienced product liability lawyer can help build your case and defend your rights in court.
Time Limits For Filing
Once you discover that a product is hazardous or dangerous, there is a statute of limitations for filing your claim. You’ll have:
- Three years from the date that the injury first occurred, except
- Where the government imposes a legal duty, you have six years.
- New Hampshire also enacted a “12-year statute of repose,” barring actions that occur outside of a period of time beginning to run once the product is manufactured and sold.
No matter what kind of product involved, it’s essential to get started right away. You risk of losing any kind of compensation you’re entitled to under the law if you miss a deadline. Don’t lose the money you need for your recovery.
Learn More About Your Legal Rights And Options
Product liability laws are there to protect consumers who buy goods in good faith that they’re safe. But if you or your loved ones are injured because of a defective or unsafe product, call us.You could recover damages for your injuries and losses. You can also help prevent others from suffering the same fate.
Finding good legal representation will help you understand your rights under New Hampshire law, and give you the backup you need to hold a company liable for your injuries. We’ve helped people from the immediate Concord area all the way down to Salem, and cities in between like Raymond, Milford and Goffston.
Call us at Cohen & Winters at 603-224-6999 for a free consultation today. We’ll discuss your product liability case and let you know how we can help you. The consultation is free, and there’s no fee unless we win your case.