In Montana, product liability refers to a manufacturer, distributor, or seller being held responsible for placing a defective or dangerous product in the hands of a consumer. People who have been injured or suffered harm when using a product can file a product liability claim to receive compensation for damages.
Product liability claims can be complex, involving legal and technical issues, and require skilled attorneys who have experience in handling personal injury cases involving product liability. In this article, we will explore how Montana personal injury cases involving product liability work.
Table of Contents
Types of Product Liability Claims
There are three types of product liability claims:
Manufacturing defects
Manufacturing defects occur when a product is not produced according to its original design plan, resulting in a defect that could cause harm to users. A manufacturer is responsible for defects that occur during the manufacturing process.
Design defects
Design defects relate to a product’s design and arise from the fact that a product was defective from the beginning before it was even manufactured. This means that even if the product was manufactured to perfection, it would still be considered dangerous and defective.
Failure to warn
A product that does not come with a sufficient warning label informing consumers of potential hazards for correct usage could lead to failure-to-warn claims.
Montana Product Liability Laws
Montana is one of the US states that have strict liability laws. This means that a plaintiff only needs to prove that the product was defective or dangerous, and that the product was the reason for their injury or harm. It doesn’t matter whether the defendant was negligent or not.
The strict liability laws in Montana make product liability cases relatively easier to prove and increase the chances of getting the injured party compensation. Essentially, it adds up a layer of protection to consumers, ensuring that the products they use are safe.
Steps for Pursuing a Product Liability Claim in Montana
If you or someone close to you has been harmed due to a defective product, follow these steps to file a product liability claim in Montana:
Get Medical Help
The first thing you should do in case of an injury is to seek medical help. It is essential to document any medical reports, bills, and treatments to use as evidence later.
Preserve the Evidence
Similarly, it is crucial to document all pieces of evidence, such as the product involved, photographs of the injury, and any clothing or belongings that were affected during the incident.
Consult a Product Liability Attorney
Consulting a product liability attorney with considerable experience handling product liability cases is advisable. The attorney will provide legal guidance and help you make informed decisions about filing a product liability claim.
File a Lawsuit
Based on the circumstances of the injury, your appointed attorney will advise you on the best action to take. This will typically be filing a lawsuit in the relevant court.
Negotiate a Settlement
In Montana, most product liability claims are settled out of court. However, it is essential to have the back-up of a reputable attorney who can skillfully negotiate a settlement that provides fair compensation.
Limitations to Filing a Product Liability Claim in Montana
Montana has a statute of limitations for product liability cases, meaning that there is a time limit for how long you have to file a claim. This is usually three years from the date of the injury or discovery of the injury caused by the product.
Additionally, if the plaintiff fails to comply with the rules of evidence by tampering with the product or its evidence, this could bar them from collecting damages.
Conclusion
Product liability claims require careful investigation and preparation to ensure that the plaintiff receives fair compensation for their injuries. Montana’s strict liability laws make it easier to pursue product liability claims, but it is still essential to work with knowledgeable attorneys who possess skills and experience in product liability. If you have been injured due to a defective product, contact a Montana product liability lawyer today to discuss your legal options.