Helena Product Liability Lawyer

 

 An entity or individual who sells a product in a defective condition unreasonably dangerous to a user or consumer is liable for the physical harm caused by the defective product. A product is in a defective condition when it is capable of causing injury to the user beyond what the ordinary user would expect. A product is defective if it is unreasonably dangerous. The proper test of a defective product is whether it was unreasonably unsuitable for its intended or foreseeable purpose. If a product fails this test, it will be deemed defective.

When a defective or malfunctioning product harms the consumer, they can file a product liability claim. However, product liability claims are often complex and require litigation against larger entities that don’t want to admit liability. An experienced Helena product liability attorney understands the complexities of product liability law and can protect your right to fair compensation against large manufacturers and sellers.  

What Is Product Liability?

Manufacturers, distributors, and sellers of products to the public must deliver products free of dangerous defects and malfunctions. Under Montana law, product liability cases are governed by special rules such as these:

  • A person who sells a product in a defective condition unreasonably dangerous to a user or consumer is liable for physical harm caused by the defective product.  § 27-1-719, MCA.

  • A product is in a defective condition when it is capable of causing injury to the user beyond what the ordinary user would expect. Streich v. Hilton-Davis, 214 Mont. 44, 57, 692 P.2d 440, 447 (1984).

  • A product is defective if it is unreasonably dangerous. McJunkin v. Kaufman & Broad Home Sys., 229 Mont. 432, 445, 748 P.2d 910 (1987).

Product may be defective because the design of the product is defective or because it was defectively manufactured.  When a defective product causes an injury, those companies that manufacture and distribute the product are liable for the harm done by their products. Product liability defects and malfunctions may exist in any type of product.  Some examples are: 

  • Vehicle parts (i.e., tires, airbags)

  • Electronics 

  • Job tools and material 

  • Safety equipment and tools

  • Medicine 

  • Medical devices

Defective products can cause severe injury to those using them and those nearby when the product fails, which is why Montana law holds manufacturers, distributors, and sellers of defective products to strict liability standards. 

Montana’s Strict Liability Standard for Product Liability

Montana law recognizes consumers’ right to purchase and use products with the expectation that they are safe. Therefore, Montana’s strict product liability law contains robust consumer protections for users of defective products. These protections are in place for consumers because the companies designing the product are in the best position to anticipate the danger and absorb the cost of any injuries should they release defective products to the public.

Under Montana’s strict liability law, the liability for a defective product is determined by evaluating the product’s dangerousness rather than the corporation’s conduct. Strict liability means that consumers can sue a company due to a malfunctioning or defective product but don’t have to point to a specific negligent act by the company that made the product unsafe. Rather, the consumer must establish that the product was unsafe, which caused harm to the consumer. Key components to product liability cases include:

  • Proving design defect: this means proving the product’s actual design is dangerous and can lead to injury.

  • Proving manufacturing defect: this is where the product’s design is good, but the actual manufacturing of the product is faulty and may lead to injury.

  • Failure to warn: this means the warning information delivered with the product was insufficient, inaccurate, or contained errors that resulted in injury to the consumer.

The failure to warn of an injury-causing risk associated with using a product can render the product unreasonably dangerous. The product is automatically defective if it is unreasonably dangerous and a warning is required but not given. A product may be defective if users have been misinformed or inadequately informed about the risks or dangers involved in using the product. Additionally, if users are not adequately informed on avoiding or minimizing the harmful consequences of such risks, the product may be considered defective. 

Potential Defenses in a Product Liability Case

Companies that produce and distribute products don’t often want to admit their product was defective or had the potential to malfunction. They will often defend themselves against allegations. Two types of defenses companies may use in a product liability case include:

Misuse 

Contributory negligence is not a defense to a product liability claim. In product liability cases in Montana, the defendants may raise the defense of unreasonable product misuse instead, but only if the misuse of the product was not reasonably foreseeable. 

Assumption of Risk

The defense of assumption of risk may only be maintained in Montana where the consumer subjectively (actually, in their own mind) knows they would suffer severe injury or death by the way that they are using the product. The consumer must knowingly and voluntarily expose themselves to that danger for this defense to apply. Furthermore, like the misuse defense, it the assumption of risk defense may only be maintained when the conduct of the product user is unforeseeable. 

Helena Product Liability Lawyer at Morrison Sherwood Wilson Deola

Montana defective product lawsuits are often complex, expensive, and difficult to prosecute because companies tend to vigorously defend the products they produce and sell. At Morrison Sherwood Wilson Deola, we have the resources and experience to take your product liability claim to trial and pursue your right to fair compensation. If you sustained an injury as a result of an accident relating to a defective or malfunctioning product, you deserve to be compensated for any pain, suffering, and damages you have sustained. We believe in protecting injured Montana residents’ rights and best interests and will work tirelessly to ensure your right to compensation. Schedule a consultation with one of our product liability lawyers at (406) 442-3261 or fill out our contact form.