Rhode Island Product Liability Lawyer​

Common Types of Product Liability Claims

Understanding the various types of product liability claims can help you recognize potential issues and know when you might have a case. Here are some common scenarios where product liability claims arise:

Medical Devices

Medical devices are designed to improve health and save lives, but when they malfunction or have defects, they can cause serious injuries. Examples of medical device cases include faulty pacemakers, defective surgical implants, and malfunctioning insulin pumps. If you’ve been injured by a defective medical device, you may have a valid product liability claim.

Children’s Toys and Products

Defective children’s toys and products pose significant dangers, as they can lead to choking, poisoning, or other injuries. Examples include toys with small parts that can be swallowed, or products made with toxic materials. Legal recourse is available to parents whose children have been harmed by such defects.

Dangerous Medications

Defective or dangerous medications can cause severe health issues, from adverse side effects to life-threatening conditions. Cases involving contaminated drugs, incorrect dosages, or harmful ingredients highlight the importance of holding pharmaceutical companies accountable for their products.

Tools or Machinery

Defective tools or machinery can lead to workplace accidents and severe injuries. Examples include power tools with faulty safety guards or industrial machines with design flaws. Victims of such defects may seek compensation for their injuries through product liability claims.

Motor Vehicle Parts

Defective motor vehicle parts, such as airbags, brakes, or tires, can result in catastrophic accidents and serious injuries. If a defective part caused your accident, you may have the right to pursue compensation.

Safety Equipment

Safety equipment is intended to protect users, but when it is defective, it can lead to serious injuries. Examples include faulty helmets, defective fire extinguishers, or malfunctioning seatbelts. Victims can pursue legal action to hold manufacturers accountable for these defects.​

Household Appliances

Defective household products such as heaters, kitchen appliances, and electronics can cause burns, fires, or electrocution injuries.

Consumer Electronics

Faulty batteries, charging systems, and electronic malfunctions can create serious safety hazards.

How Defective Products Cause Serious Injuries

Harm to a consumer from a product can be caused by:

• Failure to warn.
• Improper labeling.
• Manufacturing defects.
• Design flaws.
• Contamination.
• Unknown side effects.
• Marketing misrepresentation.

Some of the most frequently occurring consequences of dangerous products include choking, brain injury, lacerations, organ failure, spinal cord injury, drowning, burns, heart attack, foodborne illness, and stroke. The U.S. Consumer Product Safety Commission (CPSC), the U.S. Food and Drug Administration (FDA), and the National Highway Traffic Safety Administration (NHTSA) monitor consumer incident reports and initiate recalls when products are identified as potentially hazardous.

What If the Product Was Recalled?

A recalled product may strengthen a product liability claim by showing the manufacturer knew or should have known about the danger. However, you may still have a valid claim even if the product has not been officially recalled.

What to Do If You’ve Been Harmed by a Dangerous or Defective Product

Experiencing an injury due to a defective product can be distressing and overwhelming. Taking the right steps immediately can significantly impact your ability to receive compensation and hold the responsible parties accountable. Here’s a step-by-step guide on what to do if you’ve been harmed by a dangerous or defective product.

Helping Injury Victims Across Rhode Island

Defective product injuries can happen anywhere — from vehicle defects causing crashes on Interstate 95 to dangerous products purchased in Providence, Warwick, and Woonsocket. Our attorneys represent clients throughout Rhode Island and understand the impact these injuries can have on local families.

See a Doctor

Your health and safety should always be your top priority. If you’ve been injured, seek medical attention right away. Not only does this ensure you receive the necessary treatment, but it also creates an official medical record of your injury. These records can be crucial evidence if you decide to pursue a legal case, as they document the extent and nature of your injuries.

Keep the Product

Preserving defective products is essential. Do not attempt to repair or alter it in any way. Keep all parts, packaging, and any receipts or instructions that came with the product. This evidence can be pivotal in proving that the product was defective and caused your injury.

Consult an Attorney

Navigating the legal process can be complex, especially in product liability cases. Consult with a product liability lawyer who can help you understand your rights and options. An experienced attorney can assist in gathering evidence, building a strong case, and negotiating with the responsible parties or their insurance companies on your behalf.

Compensation in a Product Liability Claim

If you’ve been harmed by a defective product, you may be entitled to various types of compensation. These can include:

• Medical Expenses: Compensation for medical bills, treatments, and any future medical care related to the injury.
• Lost Wages: Reimbursement for income lost due to the inability to work as a result of the injury.
• Pain and Suffering: Damages awarded for the physical pain and emotional distress caused by the injury.
• Permanent Disability: Compensation for long-term or life-changing injuries.
• Loss of Earning Capacity: Financial recovery for reduced future earning potential.
• Rehabilitation Costs: Coverage for therapy and recovery support.
• Wrongful Death Damages: Compensation for families who lost a loved one due to a defective product.

Compensation is typically calculated based on the severity of the injury, the impact on your life, and the financial losses incurred.

Statute of Limitations on Product Liability in Rhode Island

In Rhode Island, the statute of limitations for filing a product liability lawsuit is generally three years from the date of the injury. It’s crucial to take timely legal action, as missing this deadline can bar you from pursuing compensation. Consulting with a product liability attorney as soon as possible can help ensure your claim is filed within the appropriate timeframe.

Steps in a Product Liability Lawsuit

Understanding the general process of a product liability lawsuit can help you prepare for what lies ahead. Here’s a roadmap of the typical steps involved:

• Filing the Claim: Your attorney will file a formal complaint in court, outlining your allegations and the damages you seek.
• Discovery: Both parties exchange evidence and information. This phase includes depositions, document requests, and interrogatories.
• Settlement Negotiations: Many cases are resolved through negotiations before going to trial. Your attorney will negotiate on your behalf to reach a fair settlement.
• Trial: If a settlement cannot be reached, the case goes to trial. Both sides present their evidence and arguments, and a judge or jury determines the outcome.
• Appeal: If either party is dissatisfied with the trial outcome, they may appeal the decision to a higher court.

Taking immediate action and consulting with a knowledgeable product liability lawyer can significantly impact the outcome of your product liability claim. By understanding your rights and the legal process, you can better navigate the challenges ahead and seek the compensation you deserve.

Call The Rhode Island Product Liability Lawyers At Marasco & Nesselbush For A Free Consultation!

At Marasco & Nesselbush, our experienced product liability lawyers will skillfully resolve your product liability case. We are committed to obtaining exceptional results for our clients. We understand the impact that an injury caused by a defective product can impose upon your life, ranging from pain and suffering and time away from work to steep medical bills.

As a law firm dedicated to personal, social, and economic justice, we never falter when faced with a challenge, especially if a company has placed profits ahead of consumer safety. Our lawyers have the legal experience and skills to hold manufacturers legally accountable for injuries, illnesses, or deaths caused by a product.

Contact us today to schedule a free consultation and learn how we can protect your rights. We have offices conveniently located in Warwick, Wakefield, Woonsocket, Providence and East Providence, and we are here to help you.

Frequently Asked Questions

How do I prove a product liability claim?

To prove a product liability claim, you generally must show that the product had a defect, that you were using it as intended or reasonably expected, and that the defect directly caused your injuries and damages.

Who can be sued in a product liability case?

Multiple parties may be liable in a product liability case, including manufacturers, distributors, wholesalers, retailers, and product designers. Identifying all responsible parties can strengthen your case and improve your ability to recover compensation.

Do I need the product to file a claim?

Keeping the defective product can provide valuable evidence in your claim, including proof of the defect and how it caused your injury. However, you may still have legal options even if the product is unavailable.

What if the product was recalled?

A product recall may help support your claim by showing the manufacturer recognized a safety issue. However, you do not need an official recall to file a product liability lawsuit if the product caused harm.

How long do I have to file a claim in Rhode Island?

In Rhode Island, product liability claims generally must be filed within three years from the date of the injury. Missing this deadline may prevent you from recovering compensation, so speaking with an attorney early is important.