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
Theories of Recovery
- Strict liability: This theory allows a person injured by a defective or dangerous product to recover compensation for the injuries without showing negligence.
- Negligence: This is present when the manufacturer or seller of the product was negligent in the manufacturing of the product, causing it to be defective or dangerous, or the seller was negligent in selling such a product.
- Breach of warranty: This is when the manufacturer or seller violates a contractual promise regarding the quality, character or suitability of the product. These warranties that give rise to product liability because of a breach can be either expressed or implied.
- Express warranty: These are either written statements, advertisements or demonstrations that end up not to be true or deceptive.
- Implied warranty: An implied warranty is not explicitly stated; it is based upon the reasonable expectations of the buyer, including the implied warranty of merchantability and the implied warranty of fitness for a particular purpose.
Defects that give rise to product liability because of personal injuries include:
- 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.
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 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.
Market share is liability against the manufacturer of a defective or dangerous product even though the manufacturer of the product cannot be identified. Market share liability consists of filing a lawsuit against any manufacturers that have manufactured a particular product. Rhode Island does not recognize product liability based upon market share and these cases cannot be brought in the state.
Experienced Rhode Island Product Liability Attorneys
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.
To learn what our lawyers can do for you, contact the office locally at (888) 281-3100 or email the firm to set up a free initial appointment.
Car Accident Traumatic Brain InjuryI would definitely recommend Karns & Kerrison to anyone who asked - they come through for you.
- Patricia Feeley
Slipped on Greasy FloorI have no reservations whatsoever in recommending Karns & Kerrison.
- Mike Carey
Rear End CollisionNothing but positive results from consultation, to filing the legal suit, handling of a major operation, to recovery and finalizing a generous settlement.
- Larry Goldfarb
Horrible Car AccidentThey not only got me a fair settlement, they helped to get me well.
Motor Vehicle Accident - Braga BridgeIt was comforting to know I had someone watching out for me.
- Jeanie Small
Pedestrian hit by CarI did not know where to turn when I realized I needed legal help but I am very happy that I found Karns & Kerrison.