Product Liability Lawyer Oklahoma City
Helping you recover compensation after a defective product leads to your injuries
Most of us believe that we should be safe within our homes, but this is often not the case. Dangerous and defective products cause accidents in the home, at work, while driving and in many other places all the time. At the law firm of Cunningham & Mears, our Oklahoma City product liability attorneys are committed to helping you recover fair compensation when you suffer an unexpected injury caused by dangerous or defective products.
What is “product liability”?
Product liability is a legal theory that states a manufacturer, retailer, designer, and/or developer can be held liable (at fault) for any defects in their products that cause a plaintiff (the injured party) harm. Typically, there are three ways to move forward in this type of case:
- Strict liability allows a plaintiff to move forward with a claim provided he or she can prove there was a defect, and that he or she suffered some kind of injury or harm. For example, if a wheelchair has a defect that causes its wheels to fall off, and someone sustains an injury as a result, he or she can file a claim.
- Negligence requires proving that the manufacturer, retailer, designer, and/or developer acted in some way that was reckless or careless, and that these actions led to the plaintiff’s injuries or harm. For example, when Takata hid its reports about the potential dangers associated with its airbags, it was not only reckless – it violated the law. So an injured driver or passenger could file a claim against Takata for his or her losses.
- Breach of warranty is the final option, and it is essentially a contract claim. When a company guarantees its product will make you lose weight in 10 days (but it doesn’t) or says that its materials are safe (but they’re actually coated in toxins), or when a drug manufacturer markets its products for an off-label and unapproved use (like contraceptive medication being marketed for its ability to clear up a person’s skin), the plaintiff can file a claim.
In Oklahoma, you can pursue a product liability claim for negligence; the other options do not apply.
When you have suffered a serious injury because of a defective product such as an exploding air bag, failed brakes, or a gun that misfired when the safety was disengaged, you may be able to take legal action against the product manufacturer, and any other business in the chain of commerce such as the distributor and retailer.
What causes a product to be “defective”?
Manufacturers have a duty to ensure that their products are reasonably safe and fit for ordinary and intended use before releasing them for consumer use. A product is considered defective if a manufacturer has not met this duty and the manufacturer may be held strictly liable for any injuries the defective product causes. Types of defects include design defects, manufacturing defects and failure to warn:
- Design defects:All products manufactured according to the same defective design specifications pose a danger to consumers.
- Manufacturing defect:Something occurring during the manufacturing process makes the product defective. These types of defects can be caused by bad materials, poor inspection or worker error.
- Failure to warn:Products must display clear and complete warnings of any reasonably foreseeable hazards, as well as proper labels and instructions. Warnings must disclose all known risks associated with the product, even if the product is generally safe.
Manufacturers may also be held liable for your injuries caused by any packaging defects, as well as incomplete, unclear or dangerous instructions.
What kinds of product liability claims do you handle?
Our Oklahoma City defective product lawyers have successfully represented clients injured by a broad range of defective products, including defective hot water heaters, defective ear plugs, defective gas cans and even a defective industrial meat hogger. We represent people injured because of almost any type of dangerous and defective product:
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What do I need to do to prove I was harmed by a defective product?
To prevail in a products liability case, you as the plaintiff would have to prove that the defective product was the direct cause of your injury. You must also prove that you were using the product according to the way it was intended to be used. This can prove to be complicated, and you would benefit from the knowledge and experience of an Oklahoma City products liability lawyer who is thoroughly knowledgeable of the law and about how to work within the civil justice system to pursue compensation on behalf of those who have been injured because of defective products.
How long do I have to file a products liability lawsuit in Oklahoma?
Generally, you only have two years to file a lawsuit for a defective product.
What damages can I seek in a products liability lawsuit?
You may recover compensation for your economic losses, which are quantifiable such as your medical expenses and lost wages from work. But you may also recover non-economic damages for those intangible losses such as the pain and suffering you experienced, disfigurement from the injury and other such losses.
In certain instances, “punitive damages may be assessed against the manufacturer of a product injuring the plaintiff if the injury is attributable to conduct that reflects a reckless disregard for the public safety.” Punitive damages are designed to punish a wrongdoer, so the exact nature of your claim will likely dictate whether or not we can seek those damages on your behalf.
When you are going up against a major corporation, they have ready access to aggressive corporate attorneys who are intent on protecting their clients’ best interests. Our Oklahoma product liability lawyers do the same for you. We hold manufacturers accountable when their products cause injury.
Do you have a products liability attorney near me?
Cunningham & Mears maintains two offices in Oklahoma City: 5104 N Francis Ave, Suite 102 and 9428 Westgate, Suite 102B. There’s plenty of parking at both locations. If you are too ill or injured to travel, we can schedule a phone or video consultation instead.
Contact a qualified defective product attorney in Oklahoma City, OK
At Cunningham & Mears, we believe that all products should be safe for consumer use. If you were injured because of a dangerous or defective product, our Oklahoma attorneys have the experience and skill to obtain compensation for you. To learn more about our experience and services, contact us or call 405-451-5077 today to schedule a free initial consultation.