Edmond Defective Products Lawyer
Manufacturers, suppliers, and retailers are responsible for making sure the products they make and/or sell do not harm consumers. The federal agency in charge of ensuring products sold in the United States meet federal safety regulations is the Consumer Products Safety Commission (CPSC). When a product is recalled, it is because the CPSC has determined it failed to meet their standards.
When a product does not function as intended or advertised or otherwise creates a significant risk of injury to the consumer, it is considered a defective product. If a defective product causes an injury, the injured party may be able to recover compensation.
If you or someone you love suffered injury due to a defective product, contact a dedicated attorney today. An Edmond defective products lawyer could help identify potential sources of liability and pursue compensation on your behalf.
Liability for Defective Products
Products liability law governs defective product claims. A manufacturer or supplier of a defective product may be held liable for any foreseeable injuries resulting from a product that malfunctions or does not work as intended.
Although any manufacturer or supplier along the market supply chain is potentially liable parties, Oklahoma grants more protection to retailers when they sell a defective product. Under Oklahoma Statutes §12-832.1, a seller cannot be held liable for selling a defective product unless they were negligent or intentionally modified or altered the product, in which they could be independently liable for any resulting injuries.
Elements of Products Liability Law
If an injured party brings a products liability claim, they must first and foremost establish that the defendant was the manufacturer or commercial seller of the defective product. Once these initial facts are established, the injured party must prove the three elements of products liability law:
- The defective product was the cause of the injury
- The defect existed at the time it left the possession of either the manufacturer or the seller
- The defect made the product unreasonably dangerous
An Edmond defective products lawyer could help identify whether an individual defective product fulfills all three of these qualifying conditions.
Strict Liability in Edmond
The state of Oklahoma follows the doctrine of strict liability when it comes to defective products. Because of this, there is generally no defense for a products liability claim, as a manufacturer or seller could be held liable regardless of their intent.
Negligence and standard of care will not be considered when determining liability. However, there are three narrow circumstances in which the defendant could raise a valid defense to strict products liability:
- Lack of Causation: If some action of the injured party caused the injury, as opposed to the defective product itself, the injured party may not be able to recover
- Abnormal use or misuse: Not to be confused with carelessness when using a product as intended, abnormal use or misuse of a product is when a person uses the product in a way that the maker did not intend or in a way that could not be reasonably anticipated
- Assumption of the Risk: When a person voluntarily assumes the known risk created by the defect in the product, it is a complete defense to strict products liability
Speak with an Edmond defective products lawyer for more information.
Talk to an Edmond Defective Products Attorney Today
If you are injured by a defective product, a qualified Edmond defective products lawyer could help analyze your case and determine if you are entitled to compensation. To see what options may be available to you, call today to schedule a consultation.