If you or a loved one has suffered an injury due to a defective product in Connecticut, you're not alone. Every year, defective products—ranging from household items to vehicles and medical devices—lead to thousands of injuries across the U.S. In fact, the Consumer Product Safety Commission reports that product-related injuries result in over 29 million emergency room visits annually. It may be difficult to understand your rights in these circumstances; however, Connecticut's product liability laws are intended to safeguard consumers, including yourself.

When a product fails to function as intended and causes harm, the company responsible for manufacturing, distributing, or selling that product may be held liable. Whether it's a defect in design, manufacturing, or a lack of proper warnings, you may have the legal right to sue the company for damages. By filing a defective product lawsuit in Connecticut, you can seek compensation for medical bills, lost wages, and even emotional distress caused by the accident. Knowing how to navigate this process can help ensure that you hold the negligent parties accountable and get the financial support you need.

In this article, we will break down the key aspects of product liability law in Connecticut, explaining how to determine if you have a valid case and what steps you can take to pursue justice.

What is the Process for Filing a Product Liability Lawsuit in Connecticut?

Filing a product liability lawsuit in Connecticut can feel like a very difficult process, especially when you're already dealing with the physical and emotional toll of an injury. However, understanding the steps involved can help you navigate the legal landscape with more confidence and ensure that you take the right actions to hold the responsible parties accountable.

1. Consult an Attorney

The first step in filing a product liability lawsuit is to consult an experienced attorney who specializes in product liability cases. An attorney can help you assess the strength of your case, explain your legal options, and guide you through the complexities of the legal process. Connecticut product liability laws can be intricate, and having a knowledgeable lawyer by your side can significantly improve your chances of a successful outcome.

2. Determine the Type of Defect

Connecticut’s product liability laws allow consumers to take legal action when a defective product causes injury or harm. These laws are designed to hold manufacturers, distributors, and retailers accountable for the products they release into the marketplace.

There are three primary types of defects that can lead to a product liability lawsuit:

• Design Defects: When the product’s design is inherently dangerous or flawed, even before it’s manufactured.
• Manufacturing Defects: When an error occurs during the production process, making the product unsafe.
• Failure to Warn: When a company fails to provide adequate instructions or warnings about the product’s potential risks.

Your attorney will help you identify which type of defect applies to your case, as this will be key for building your legal claim.

3. Gather Evidence

Once you've identified the defect, the next step is gathering evidence to support your claim. This may include:

• The defective product itself
• Medical records showing the extent of your injuries
• Photos or videos of the defect
• Documentation showing how you were using the product as intended
• Any instructions or warnings that came with the product
• Expert testimony, especially in cases involving complex products like medical devices or machinery

Gathering thorough and detailed evidence is essential for proving that the defect in the product caused your injury.

What Do I Need to Prove?

To successfully sue a company for a defective product in Connecticut, you will need to prove the following:

1. The product was defective: Whether it’s a design, manufacturing, or warning defect, you need to show that the product was flawed.
2. The defect caused your injury: You must demonstrate that the defect was the direct cause of your injury. This may require expert testimony or other forms of evidence.
3. You were using the product as intended: If you were using the product according to its instructions or for its intended purpose, you have a stronger case.

It’s important to gather all relevant documentation, including medical records, the product itself, and any instructions or warnings that came with it.

In Connecticut, the state follows the strict liability rule in defective product cases. This means you don’t have to prove that the company was negligent—only that the product was defective and that the defect directly caused your injury.

What Compensation Can I Seek in Defective Product Cases?

If your lawsuit is successful, you may be entitled to various forms of compensation, including:

• Medical expenses: Compensation for hospital bills, surgeries, rehabilitation, and future medical costs related to your injury.
• Lost wages: If your injury prevented you from working, you can seek compensation for lost income and any diminished earning capacity.
• Pain and suffering: Connecticut allows victims to seek compensation for non-economic damages such as physical pain and emotional distress.
• Punitive damages: In cases where the company’s conduct was particularly reckless or intentional, you may be awarded punitive damages as a form of punishment for the responsible party.

4. File a Lawsuit in Connecticut

Once you've built a solid foundation for your case, your attorney will file a formal complaint with the court. This document outlines the details of your claim, including the defect, the injuries you’ve suffered, and the compensation you’re seeking. The defendant, which could be the manufacturer, distributor, or retailer of the product, will then be notified of the lawsuit.

Filing a product liability lawsuit in Connecticut involves several key steps, from consulting an attorney to gathering evidence and possibly going to trial. The process can be complex, but with the right legal guidance, you can hold the responsible parties accountable and seek the compensation you deserve. Whether you're dealing with a defective household product, a faulty vehicle part, or a dangerous medical device, Connecticut’s product liability laws are designed to protect you.

How Long Do I Have to Sue for a Defective Product Injury in Connecticut?

Like most personal injury claims, product liability cases are subject to strict deadlines known as the statute of limitations. In Connecticut, the statute of limitations for filing a product liability lawsuit is three years. This means you must file your lawsuit within three years from the date of your injury or from the date when you reasonably discovered the injury.

Missing this three-year window can result in the court dismissing your case, leaving you unable to seek compensation for medical expenses, lost wages, and other damages related to your injury. It's important to act promptly, as gathering evidence and preparing a solid case can take time. Additionally, the cause of your injury might not be immediately apparent in some cases, especially with defective drugs or medical devices. This is why Connecticut law includes a "discovery rule," allowing you to file within three years of discovering the defect or injury. Connecticut also enforces a statute of repose, which prevents a product liability lawsuit if more than 10 years have passed since the defendant last had control or possession of the product.

Can I Sue a Company If I Was Using the Defective Product Incorrectly?

If you were using a defective product incorrectly when you were injured, you might still have the ability to sue the company in Connecticut, but it depends on the specific circumstances. Product liability claims typically require you to show that you were using the product as intended or in a way that could be reasonably expected by the manufacturer. However, there are exceptions where you may still be able to pursue a lawsuit, even if the product was used incorrectly.

Reasonable Foreseeability and Misuse

Connecticut’s product liability laws recognize that not every user will follow a product’s instructions perfectly. If the misuse of the product was reasonably foreseeable by the manufacturer, you may still have a valid claim. For instance, if a product lacks proper warnings about how misuse could result in injury, or if the misuse is a common, predictable mistake, the company could still be held liable.

Failure to Warn Claims

One of the key elements in product liability cases is the failure to warn. If a product could cause injury when used in a certain way, it’s the manufacturer’s responsibility to provide clear warnings or instructions to prevent that misuse. If you were using the product incorrectly due to inadequate or missing warnings, you may still have grounds for a lawsuit. The company could be held liable for failing to adequately inform you of potential risks associated with the product’s misuse.

Comparative Negligence

Connecticut follows a comparative negligence rule, which means that even if you were partially at fault for the misuse of the product, you may still be able to recover compensation. However, your damages could be reduced based on your percentage of fault. For instance, if it is determined that you were 30% responsible for the injury, your compensation may be reduced by that percentage. If you are found to be more than 50% at fault, you may be barred from recovering damages entirely.

Do I Need a Lawyer to Sue for a Defective Product in Connecticut?

One of the main reasons to hire a lawyer is their expertise in product liability law. Connecticut’s product liability cases often hinge on proving that the product in question was defective and that this defect directly caused your injury. An experienced attorney can help you identify the type of defect—whether it’s a design flaw, manufacturing error, or failure to warn—and build a strong case around it. They will also handle the legal research, filing deadlines, and negotiations with the defendant’s legal team or insurance companies.

Additionally, product liability cases frequently require expert testimony, especially if the defective product involves complicated machinery, medical devices, or pharmaceuticals. A lawyer will know how to bring in the right experts to support your claim, increasing your chances of securing compensation for medical bills, lost wages, and other damages.

A lawyer will guide you through the process, from the initial filing to potential settlement negotiations or trial. They will handle the paperwork, represent you in court, and ensure you meet the statute of limitations, which is three years in Connecticut for product liability cases. Missing any deadlines or failing to present the right evidence can jeopardize your case, so having a lawyer to manage these critical details is invaluable.

Injured by a Defective Product? Brandon J. Broderick, Attorney at Law, Can Help with Your Product Liability Claim

If you or a loved one has been hurt by a defective product in Connecticut, you deserve support and guidance during this difficult time. The team at Brandon J. Broderick, Attorney at Law, understands how overwhelming it can be to deal with injuries, medical bills, and the emotional toll of a product that didn’t function as it should. You don’t have to face this battle alone—our experienced legal team is here to help you seek justice and hold the responsible parties accountable.

Contact us today for a free legal consultation and let us help you move forward.