Pursuing Justice for Those Injured by Defective Products in Providence
Thousands of consumers are injured by defective or dangerous products every year. Defective product injuries can occur through direct use of a dangerous product, or indirectly, as the result of someone else using the product, such as automobile defects that cause serious accidents. If you or a loved one has been injured in an accident that involved any type of defective or dangerous product, you may have grounds to seek compensation for any losses you might suffer as a result.
The Rhode Island product liability lawyers at Karns & Kerrison provide strategic, results-oriented representation to clients who have been injured by defective or dangerous products, including pharmaceuticals, vehicle parts, household products, child's toys, and many more. We understand how these cases work and the issues that must be addressed in order to prove negligence. You can rely on us to be there with you at every step, diligently working to see that your interests are protected.
Proving Liability in Defective Product Cases
A product passes through many different hands before it reaches the consumer and any one of these parties might be responsible for the injuries you have sustained. This is called establishing liability.
In Rhode Island, there are four elements needed to prove liability in a product liability claim:
- That the product was defective or dangerous
- That the defective or dangerous product caused the injury
- That the particular injury is causally related to the defective or dangerous product
- That the manufacturer or seller owed a duty to make or sell a safe product
There are different types of liability that make up a defective product case. Identifying the type of liability involved is essential to recovering compensation for defective product injuries.
- Strict liability: Allows a person injured by a defective or dangerous product to recover compensation for the injuries without proving negligence. The fact that the product caused injury is enough grounds to recover compensation.
- Negligence: Requires proof that the manufacturer or seller of the product was negligent in their duty to provide a safe product, or that they were aware, or should have been aware, that their product was dangerous.
- Breach of warranty: manufacturer or seller violates a contractual promise regarding the quality, character or suitability of the product. These warranties can be either expressed or implied.
In order to know precisely who is responsible for injuries caused by a defective product, you need to work with a law firm that not only has in-depth knowledge of product liability but also has the resources necessary to investigate and litigate these cases. The Rhode Island product liability lawyers at Karns & Kerrison have recovered over $250 million in settlements and verdicts for our clients, including defective product cases.
Call (401) 841-5300 to schedule a free consultation with our firm.
Statute of Limitations for Product Liability Cases in Rhode Island
There are two types of time limitations on product liability cases. The first is the statute of limitations. In Rhode Island, there is a three-year statute of limitation regarding injuries caused by product liability. This means that the case must be resolved within three years of the injury or the matter must be placed into a lawsuit within three years of the injury that will stop the statute of limitation from running. This statute of limitation is enlarged by the "discovery rule" that states the statute of limitation begins to run when the injured party discovers or should have discovered the injury was caused by the product.
The second type of time limitation is a notice requirement. When bringing a product liability claim for the breach of an implied warranty the buyer must, within a reasonable time after he or she discovers or should have discovered any breach, notify the seller of the breach. In Rhode Island, under certain circumstances, the filing of the lawsuit against the seller constitutes sufficient notice if filed within the three-year statute of limitation. The notice provision is inapplicable to third parties, especially if they are non-purchasers.
Different Types of Product Defects
The following are different types of defects that can apply in product liability cases:
- Design defect: This is a flaw in the design of the product that makes it unreasonably dangerous.
- Manufacturing defect: Although the product may have been designed properly, the manufacturing of the product was defective causing the product to be dangerous.
- Marketing defects: These include insufficient instructions, failure to warn of dangers, and poor or improper labeling of the product.
Over $250 Million Recovered for Our Clients
Karns & Kerrison represents injured victims concerning product liability based on defective or dangerous products. It has been fighting on behalf of personal injury victims in Rhode Island for over 45 years. We invite you to contact us to schedule a free initial consultation regarding your product liability claim. We will provide a thorough review of your claim and explain your legal options.
These are extremely complex cases, and the negligent parties will go to great lengths to avoid being held accountable. It is important that you have an experienced Rhode Island product liability lawyer beside you from the outset.