Oklahoma City Defective Products Lawyer
Both federal and Oklahoma state laws hold companies responsible for ensuring that their products will not harm consumers. The Consumer Products Safety Commission (CPSC) is the federal agency in charge of making sure products sold in the United States meet federal safety regulations. If a product does not meet these requirements, it must be recalled and kept off the market until the problem is fixed.
When a product does not work as intended, malfunctions, or otherwise creates a significant risk of harm to a person, it is considered a defective product, and anyone injured by it may be able to recover damages for their injuries. If a defective product causes harm to you, an Oklahoma City defective products lawyer could help identify all possible sources of compensation that could help you pay for your recovery. Call a dedicated attorney today to schedule a consultation.
Laws and Liability for Defective Products
A manufacturer or seller of a product that is defective may be held legally liable for any foreseeable injuries stemming from the faulty product. In fact, any entity along the manufacturing chain could potentially be held liable for a defective product, from the manufacturer of component parts all the way to the owner of the retail store where the defective product was sold.
In Oklahoma City, however, products liability law gives sellers more protection if they sold a defective product. Under Oklahoma Statutes §12-832.1, the manufacturer of a defective product must hold harmless a seller against any product liability action, unless the seller was negligent or intentionally modified or altered the product, in which they could be independently liable for any injuries stemming from the faulty product.
Elements of Products Liability
In order for an injured party to recover compensation in a defective products case, they must first establish that the defendant both manufactured and owned the commercial rights to sell the product in question. Once these two elements are established, the injured party must demonstrate three distinct circumstances that serve to establish liability:
- The defective product was the actual and proximate cause of the plaintiff’s injuries. In other words, the product’s defect must have been what caused the injury, and the injury must have been a foreseeable result of the defect
- The injured party must prove the defect existed at the time it left the manufacturer’s possession, or that it existed at the time of sale or once it left the seller’s control
- The defect made the product unreasonably dangerous
A seasoned defective products attorney in Oklahoma City could help the plaintiff assign liability. In Oklahoma City, manufacturers are generally considered strictly liable for injuries sustained by consumers because of product defects. Essentially, this means that liability does not depend on whether the manufacturer was negligent or intended to do harm. They could be held liable to an injured party regardless of their intent or how much care they exercised.
Speak with an Oklahoma City Defective Products Attorney Today
If a defective product injures you, there is a good chance you could recover your damages in civil court. Contact an Oklahoma City defective products lawyer today to schedule a consultation and start going over your legal options. An attorney could help you get the compensation you deserve so that you are able to move forward after your accident.