When we purchase consumer goods, we have fundamental expectations about their use and safety. However, incidents involving product failure are not uncommon and can leave you or a loved one with significant injuries.
The ability to recover compensation for those injuries can depend on the success of establishing liability in Bangor defective product cases against a manufacturer or seller. While Maine permits these types of cases, they are rarely simple. Learn more from a seasoned product liability attorney about how legal remedies can apply to your recent injury or death of a loved one.
Defective Products Can Cause Serious Injury or Death
Defective products can become unreasonably dangerous and lead to liability cases in a couple of ways. First, the product could be harmful because it does not provide the promised effect or result for its intended use. An example could be malfunctioning features in a motor vehicle necessary for safe driving, such as a seatbelt or airbag.
Second, a defective product can be inherently hazardous apart from its intended use. For example, an electronic device with defective parts may cause exploding batteries or short-circuiting, potentially starting a fire.
There is no limit to the possible injuries of a defective product, and the severity could depend on its nature, the defect, and the person using it. For example, a problem with a children’s toy that causes it to break into smaller parts might not be inherently dangerous to an adult but could be a potential choking hazard based on the child’s age. This underscores the seriousness of the issue and the need to find a Bangor attorney who can help establish proper liability for a damaged product.
The Requirements for a Defective Product Case
The Maine Revised Statute § 10-14-221 allows a person to hold the seller of a defective product accountable for their injuries, including cases of wrongful death. To have a potential claim for product liability, the following must generally be true:
- The product was defective or had an unreasonably dangerous condition
- The defect existed before the product left the seller’s control
- The product defect caused injury and compensable damages
Individuals hurt by defective products in this state only have six years from the date of the cause of action. Generally, this would be from the date the incident occurred but could be a later date in the case of latent injuries that are not discovered until after the use of the defective item. For example, products that cause cancer or other medical conditions could take longer to identify.
What Compensation Does Maine Allow in a Product Liability Case?
Compensation for personal injuries from a defective product lawsuit can include damages to recover medical expenses, lost wages or earnings, and pain and suffering. Maine does limit certain damages available through a defective product liability claim in Bangor involving wrongful death. The maximum payout for emotional distress and loss of companionship of qualifying survivors is $1,000,000, adjusted for inflation. Additionally, there is a cap of $500,000 for an award of punitive damages.
Common Defenses Manufacturers and Sellers Argue to Limit Liability
A company with potential liability for its defective product could raise a few common defenses to a Bangor plaintiff’s claims, which mainly involve disputing the existence of the requirements under MRS § 10-14-221. For example, they can argue the product became defective after it left their control (because of how it was later handled, stored, or used). Another popular defense is that the product was not correctly used, either implicitly or considering written instructions. An attorney can provide guidance on the potential merits of this defense and how it can impact liability in the case.
Get Help Establishing Liability in a Defective Product Case in Bangor Today
Defective product cases are often complex because of the factual and legal issues affecting liability and compensation for an injured person. Our personal injury lawyers can investigate your incident to establish liability in Bangor defective product cases, gather available evidence, and pursue your claim to the fullest extent. Schedule a consultation with Gideon Asen, LLC to receive professional help with compensating for your significant injuries.
