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Product Liability

A Product Liability Lawyer Can Expose Dangerous Defects

Product liability law covers situations in which a consumer is harmed by using a defective product. The injured party may be able to recover damages under multiple theories of liability, including negligence, breach of warranty, and strict liability. Every company involved in the product’s development and sale is a potential defendant from whom the injured party can seek compensation.

John B. Kenison, Jr. meets with people in need of a product liability lawyer from his law office located in Manchester, NH. He has a working knowledge of New Hampshire law as it relates to product liability. This is important because the rules governing these claims are complex and they vary from state to state. Please contact our office for more information.

From household appliances to prescription drugs, there is no limit to the kinds of consumer goods that can contain a dangerous defect.
Types of Product Defects
Close-up of an automobile tire

If you have been injured or adversely affected by a faulty product, mislabeling, or any other aspect of product liability, a product liability lawyer can help you recover compensation for medical bills, lost wages, and other types of compensation.
To understand the ways in which a product may be defective, consider the following example of a faulty radial tire. While traveling at highway speeds on a hot summer day, the rubber tread suddenly separates from the rest of the tire, causing a blowout. The vehicle crashes and the occupants are severely injured. An investigation reveals the following:

  • Instead of steel belting, the tire contained an inferior substitute material. This is known as a design defect.
  • The adhesion process used to assemble the tire components at the factory was not conducted properly. This is known as a manufacturing defect.
  • The sidewall of the tire displayed a recommended air pressure below the appropriate range, resulting in an under-inflated tire. This is known as a labeling defect.

Each one of these defects can form the basis for a product liability claim. Defects can also take the form of missing warnings, inaccurate instruction materials, and marketing that suggests an improper or dangerous use of the product.

Strict Liability Explained

When certain condition are met, the plaintiff in a product liability lawsuit can hold the defendants strictly liable for the harm caused by the product. This works to the plaintiff’s advantage because less evidence is required to prove strict liability compared to an ordinary negligence claim.

For example, a car accidents lawyer cannot win a lawsuit by merely showing that the defendant crashed into the lawyer’s client. Negligence requires more evidence. The lawyer must also prove that the defendant made a mistake behind the wheel. This can be tricky if other factors (bad weather, potholes, road construction, etc.) may have contributed to the crash.

Unlike negligence, strict liability does not require the plaintiff to prove that a mistake was made. The plaintiff is not required to prove it, because it goes without saying. Obviously a mistake was made. How else could a product with a dangerous defect wind up on the store shelf?

Strict liability also removes the burden of proving exactly who made the mistake. The plaintiff is allowed to sue all of the parties involved in bringing the product to market. Then, after the plaintiff is compensated, the defendants can sort it out among themselves to figure out who was responsible for the defect.

Defenses to Product Liability Claims

Injury victims should be aware that a number of defenses exist that can be used to refute a product liability claim. The other side may argue that the product was altered sometime after it was sold, that it was not being used as intended, or that it did not cause the victim’s injuries. Issues will also arise if the victim bought the item from a private party who is not in the business of selling that type of product. In these circumstances the victim may lose the right to invoke strict liability, or in some cases, the right to recover damages altogether.

Find Out if You Have a Claim

From household appliances to prescription drugs, there is no limit to the kinds of consumer goods that can contain a dangerous defect. Get in touch with Kenison Law Office for advice on your situation.

Client Reviews
"Attorney Kenison helped me a lot with my car accident insurance claim. I highly recommend him to anyone who needs help with an accident insurance claim." Jennifer
"John Kenison and his team are the best in what they do for a client. I had a bad motorcycle accident in 2014. When I called them they were there to help me thru the issues of this accident. John is a great lawyer that works hard for you and his staff is great to. Easy to talk too with any questions you have. He got the money I deserved with no stress and I would recommend anyone that needs a great lawyer to get in touch with them. True professionals !!" G. R.
"Our family came across Kenison law offices by chance. During a very emotional time, we found that we were in need of legal advice. We were dealing with a lot and both John and Lisa offered support and professionalism. Our case was long and drawn out and we never felt overwhelmed or alone." B.W.
"My husband was in a Motorcycle accident on June 11, 2014. He was seriously injured and spent several weeks in a trauma unit and 4 weeks in a rehab facility after several surgeries. I called John Kenison the day after the accident and he walked me through the difficult process of how to handle hospital bills and how to contact the Insurance companies involved. My husband was out of work for 4 months and Kenison Law was able to help us recover all loss wages, medical bills and pain and suffering. They are a caring law firm and are able to explain complex information during a vehicle difficult situation. I would highly recommend this law office." M. H.
"In the late summer of 2015, I had the misfortune of falling in a public place of business through no fault of my own. I was seriously injured, both my legs, which resulted in almost 6 months of modified bed rest and convalescing. Needless to say, I was completely overwhelmed with doctors; specialists; physical therapists and many other wonderful people. As if this was not daunting enough, it was told to me, in this time of utter chaos, I needed to engage an attorney. I have never had to hire an attorney..." R.W.W.