Accidental injuries occur for many reasons. In Vermont personal injury cases, we often first look to the actions of individuals, such as a negligent driver or a doctor who commits malpractice. But we also need to consider the potential role played by a dangerous or defective product in causing an injury.
For example, a person may suffer serious, or even fatal, injuries in a car accident due to a defect in the design or manufacture of the vehicle. The same may be true for a specific part in the vehicle. Say a commercial semi-truck has defective brakes. This can easily lead the driver to lose control of their vehicle and cause a crash that injures or kills dozens of people.
Product liability is a subset of Vermont personal injury law specifically focused on these types of issues. Essentially, if you are harmed due to a defective consumer product of any kind, you can seek to hold the manufacturer legally responsible for your injuries. Of course, product liability law is not quite as simple as just presenting a claim. Below are some common questions we get about Vermont product liability laws and how they might help you.
Is a Manufacturer Always Liable When Their Product Injures Someone?
No. There is no “absolute” liability for product manufacturers. A manufacturer does not have to guarantee that its products are “accident proof” or incapable of injuring someone under any circumstances. Instead, Vermont imposes strict liability on these manufacturers.
What Is “Strict Liability”?
Strict liability means that a manufacturer is responsible when a product leaves its control in defective or “unreasonably dangerous” condition and that product subsequently causes harm to the consumer. The reason we refer to this as “strict” liability is that the injured consumer does not have to prove negligence. That is, unlike most personal injury cases, the plaintiff need not show the defendant, in this case the manufacturer, violated some duty of care owed under the law through recklessness or neglect. The mere fact the product left the manufacturer’s control in a defective condition is sufficient.
What Is a Product Considered “Defective”?
For purposes of strict liability, a product is defective under any or all of the following conditions:
- Design: The defect in the product exists before it is even manufactured, i.e., there was a defect in how the product itself was designed.
- Manufacture: The defect in the product was introduced during the manufacturing process itself, independent of whether the underlying design was safe.
- Marketing: The marketing of a product is defective if the manufacturer provides improper instructions to the consumer about any known or latent dangers in the product.
How Do You Prove a Product Is Defective?
In Vermont, a defective product is one that is “more dangerous than an ordinary consumer” would expect based on common sense. In determining whether a product meets this standard, a judge or jury will consider a number of factors, including the following:
- the purpose of the product;
- the product’s usefulness and effectiveness;
- the likelihood that ordinary use of the product will cause injury;
- the nature and severity of any likely injury;
- how obvious the danger is when using the product as intended;
- whether the manufacturer could have eliminated the danger without making the product less useful or creating additional risks;
- the costs of designing the product in an alternative manner to eliminate the defect; and
- the likelihood that consumers would have accepted an alternate design.
Are There Other Grounds for Filing a Product Liability Lawsuit Aside from Strict Liability?
Yes. An injured consumer can also pursue a product liability claim based on negligence or breach of warranty. Negligence requires proof that the manufacturer violated a duty of care owed to the consumer under the law, and that such violation was the proximate cause of the consumer’s injuries. This is a more complex standard than strict liability, as it requires showing the manufacturer failed to exercise “reasonable care,” as opposed to simply demonstrating they released a defective product onto the market.
A breach of warranty, unlike strict liability or negligence, looks to the contract between the manufacturer or seller and the customer. This can refer to either an express or implied warranty. Essentially, if the seller guarantees (or warrants) their product is safe for a given use, and it is not, the customer can allege there was a breach of that warranty.
What Compensation Can I Seek in a Vermont Product Liability Lawsuit?
The damages available in a product liability case are the same as any other Vermont personal injury lawsuit. The plaintiff can seek both economic and non-economic damages. Economic damages encompass any financial or out-of-pocket losses, which typically include medical bills, loss of income, and the costs of repairing or replacing any damaged property. Non-economic damages cover intangible losses such as pain and suffering, diminished quality of life, and emotional trauma. In some cases, it may also be possible to seek punitive damages.
How Long Do I Have to File a Product Liability Lawsuit in Vermont?
Just about all civil lawsuits have a time limit known as the statute of limitations. This refers to the deadline for filing a case in court. With Vermont product liability cases, the statute of limitations depends on the specific type of claim:
- for personal injury claims based on negligence or strict liability, the statute of limitations is normally 3 years from the date of the injury;
- for product liability claims involving wrongful death, i.e., where the consumer died from their injuries, the statute of limitations is 2 years from the date of death; and
- for claims based on breach of warranty, the statute of limitations is 4 years from the date of the alleged breach.
Contact a Vermont Personal Injury Lawyer Today
Anytime you are harmed in an accident caused by the acts of another, whether it is a reckless individual or a company that released a defective product, it is important to speak with a qualifiedVermont personal injury lawyer as soon as possible. Contact Larson & Gallivan Law today at 802-327-8458 to schedule a free initial consultation.
