In Connecticut product liability cases that go to trial, the plaintiff’s goal is to obtain a favorable verdict. However, in some cases, even a verdict in the plaintiff’s favor is not enough. In a recent case, the plaintiff brought a product liability claim against the defendant for the wrongful death of her husband. The plaintiff alleged that while her husband was working for the defendant, he was exposed to an asbestos-containing product, and the exposure contributed to his lung cancer. The plaintiff also alleged that the defendant’s product was unreasonably dangerous and that the defendant knew or should have known of that danger but failed to determine the danger or remove the product from the market.
At trial, one of the plaintiff’s witnesses testified that as a worker at the defendant company, the husband would have been exposed to dust from the product. The plaintiff’s experts testified about how exposure to asbestos can cause a certain type of lung cancer. At the end of the trial, the jury found in favor of the plaintiff. However, Connecticut’s Supreme Court reversed the decision.
The court found that the plaintiff failed to prove that the product was unreasonably dangerous and that it was a legal cause of the husband’s lung disease. It found that the plaintiff’s evidence was insufficient to prove that asbestos fibers were released from the product and that sufficient fibers were released to cause the husband’s lung disease. Therefore, the judgment was reversed.
Product Liability Cases
A product liability claim can be brought for personal injury, death, or property damage that was caused by a product’s design, manufacture, construction, formula, preparation, assembly, installation, testing, instructions, warnings, packaging, or labeling. There are different theories of liability for proving the various product liability claims, including negligence, strict liability, and a failure to warn.
The Connecticut Product Liability Act imposes what is essentially strict liability upon product sellers when a defect was the proximate cause of the plaintiff’s injury, the defect existed when the product left the seller, the seller did not expect the product to be substantially altered after the product left the seller, and the product was not altered. A claim can be brought against a seller even if the injured person did not buy the product directly from the seller. This standard allows a plaintiff to prove a claim against a seller without having to show that the seller was negligent but only that the product was defective and that the defect caused the plaintiff’s injuries.
Contact a Connecticut Product Liability Attorney
At Brickley Law, we understand the unique attributes of Connecticut product liability law. When you trust our New Canaan lawyers, you receive the caring, qualified, and experienced representation that you deserve. If you are currently involved in a serious legal matter that cannot be resolved out of court, you can trust our experienced law firm to stand at your side. Our firm offers ample free parking and contingency fees for personal injury cases. Call Brickley Law now at (203) 599-3600.
See Additional Blog Posts:
Court Finds Evidence of Direct Negligence Not Required in Sightseeing Boat Accident, Connecticut Injury Lawyer Blog, November 28, 2017.
Proving Wrongful Death Claims in Connecticut, Connecticut Injury lawyer Blog, December 6, 2017.