Experienced Portland Product Liability Lawyers
Portland Product Liability Lawyer
Find out why we are some of the best Portland Maine product liability law firm
Have You or a Loved One Been Injured or Harmed by a Defective Product in Portland, Maine?
The team of experienced product liability attorneys at Goldberg & Loren is here to help. We specialize in handling cases involving injuries caused by faulty or dangerous products, and we have a track record of successfully holding manufacturers accountable for their negligence.
If you’re a victim of product liability in Portland, Maine, you deserve justice and compensation for your pain and suffering. Our dedicated defective products lawyers will fight tirelessly on your behalf to ensure that you receive the maximum compensation you deserve.
Contact Goldberg & Loren law firm today to schedule a free consultation with one of our Portland Maine product liability lawyers. Let us help you seek the justice you deserve.
Understanding Product Liability
Product liability refers to the legal responsibility of a manufacturer or seller for any injuries or damages caused by a defective product. [1] Consumers need to understand their rights and the different elements that form the basis of product liability claims.
The elements of a product liability claim typically include:
- Existence of a Defect: The plaintiff must prove that the product was defective in some way. This can be a manufacturing defect, a design defect, or a failure to warn.
- Defect Caused the Injury: The plaintiff must prove that the defect in the product caused their injuries or damages. This means that there must be a causal link between the defect and the injury.
- Product Used as Intended: The plaintiff must prove that they were using the product as it was intended to be used. This means that they were not misusing the product or using it in a way that was not reasonably foreseeable to the manufacturer.
- Damages: The plaintiff must have suffered injury as a result of the defective product. This could include medical expenses, lost wages, pain and suffering, or property damage.
Types of Product Liability Claims
Product liability cases can arise from various defects in products. These cases typically involve claims against manufacturers, distributors, suppliers, retailers, or any party involved in bringing the product to market. Some common types of product liability cases include:
- Design Defects: Design defect claims arise when a product’s inherent design is inherently dangerous or flawed. In these cases, the entire product line may be considered defective, and the liability rests with the design itself. The product is deemed unsafe for its intended use due to a fundamental flaw in its design, making it unreasonably dangerous even when manufactured perfectly.
- Manufacturing Defects: Manufacturing defect claims focus on errors that occur during the manufacturing process, leading to a specific product being different from others in the same line. In this type of product liability, the design of the product is considered safe, but an error in the manufacturing process results in a defective item. Manufacturing defects can affect a single product or a limited batch.
- Marketing Defects (Failure to Warn or Inadequate Instructions):
Marketing defect claims arise when a product is not accompanied by sufficient warnings or instructions for safe use. Even if the product has a safe design and is manufactured correctly, it may still be considered defective if consumers are not adequately warned about potential risks or provided with proper instructions.
Causes of Product Liability
Product liability refers to the legal responsibility that manufacturers, sellers, and distributors have for any harm or injuries caused by their products. There are various causes that can lead to product liability:
- Inadequate Testing and Research: Manufacturers have a responsibility to conduct thorough testing and research to ensure the safety of their products. Inadequate testing or a failure to identify potential hazards can result in product liability claims if the product causes harm.
- Non-Compliance with Regulations: Manufacturers, distributors, and sellers must adhere to applicable safety regulations and standards. Failure to comply with these regulations can increase the risk of product liability claims if the product causes injuries or damages.
- Third-Party Modifications: In some cases, product liability may arise from modifications made to a product by third parties, such as unauthorized repair or alteration. If these modifications contribute to injury or damage, the original manufacturer may still be held liable for failing to adequately warn consumers about the risks of unauthorized modifications.
- Product Misuse: While manufacturers have a responsibility to design and manufacture safe products, consumers also have a responsibility to use products as intended. If a product is misused or used in a way that is not reasonably foreseeable to the manufacturer, the manufacturer may not be held liable for resulting product injuries or damages.
Who Can Be At Fault in a Product Liability Claim?
Determining who can be at fault in a product liability claim depends on the specific circumstances of the incident and the laws in the jurisdiction where it occurred. However, in general, the following parties may be held liable for injuries or damages caused by defective products:
- Manufacturer: The manufacturer of a product is typically considered the primary party responsible for ensuring its safety and preventing defects. They have a duty to design, manufacture, and distribute products that meet reasonable safety standards and to provide adequate warnings about potential hazards.
- Distributor: Distributors play a crucial role in bringing products to market. They have a responsibility to inspect products for defects and to ensure that products are labeled and packaged correctly. If a distributor fails to exercise due care in handling a product, they may be held liable for any resulting injuries or damages.
- Seller: Retailers and other sellers also have a responsibility to ensure that the products they sell are safe and meet applicable safety standards. They should be aware of any potential defects or hazards associated with the products they sell and should provide adequate warnings to consumers.
- Third-Party Contractors: In some cases, a third-party contractor involved in the manufacturing or distribution process may be held liable for product defects. For instance, a component manufacturer could be liable if they provide defective parts that lead to product failures.
- Subsequent Modifiers: If a product is modified after it leaves the manufacturer’s control, the party responsible for the modification may be held liable if their actions contribute to a defect or hazard. For example, a repair shop could be liable if they install defective parts or fail to follow proper safety procedures.
- Multiple Parties: In some cases, multiple parties may share liability for a product defect. For instance, a manufacturer may be liable for the design of a defective product, while a distributor may be liable for failing to warn about the defect or a seller may be liable for failing to inspect the product for defects.
Statute of Limitations for Product Liability Cases in Portland, Maine.
In Portland, the general Statute of Limitations for product liability lawsuits is two years. This means that a person who wishes to file a product liability claim must do so within two years from the date of the injury or damage caused by the defective product.
However, there are some exceptions and extensions to this deadline. If the injured party was a minor at the time of the injury, the Statute of Limitations may be extended. In such cases, the six-year time limit does not begin until the injured person turns 18 years old. Other exceptions may apply. Contact our dedicated personal injury lawyers in Portland, Maine, for guidance regarding your specific case.
How Can a Portland Maine Product Liability Lawyer Help My Case?
Our product liability lawyers in Portland, Maine, have a proven track record of successfully representing clients in product liability cases. We are dedicated to protecting your rights and seeking the justice and adequate compensation that you deserve.
Our extensive experience in product liability laws allows us to navigate the legal process on your behalf. We will analyze the details of your case and strategize the best approach for achieving a favorable outcome. This may include negotiating with the responsible party for a fair settlement or taking the case to court if necessary.
Don’t face your product liability case alone. Contact our team today for expert assistance.
Source:
[1] Products Liability. (n.d.). LII / Legal Information Institute. https://www.law.cornell.edu/wex/products_liability
Goldberg & Loren
180 Pool St Suite 105,
Biddeford, ME 04005
(207) 977-2838
We fight hard for our clients who have been injured or harmed by a defective product in Portland, Maine. Our personal injury lawyers fight for maximum compensation.
We Represent Those Affected By Product Liability in the Following Cities and Communities Near Portland, Maine.
- Biddeford, ME
- Buxton, ME
- Cape Elizabeth, ME
- Falmouth, ME
- Freeport, ME
- Gorham, ME
- Gray, ME
- Old Orchard Beach ,ME
- Raymond, ME
- Saco, ME
- Scarborough, ME
- Standish, ME
- Westbrook, ME
- Yarmouth, ME
- Cumberland County Maine
- Sagadahoc County Maine
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