Montana Product Liability Lawyer

Product Liability Attorney In Montana

Product liability is that area of personal injury law that makes the manufacturers, wholesalers, and retailers of consumer products liable for injuries resulting from the use of their products by the public. A Montana product liability lawyer can guide you through the injury claims process with a focus on protecting your rights and seeing that you are financially restored for the harm you endured.

Research from the U.S. Consumer Product Safety Commission indicates that defective, dangerous, or unsafe products cause 29.4 million injuries and over 21,000 deaths every year. Within the U.S., an estimated $700 billion is spent annually on the injuries, deaths, and property damage caused by consumer product accidents and incidents.

Why Trust Bliven Law Firm P.C.?

The Montana product liability lawyers at Bliven Law Firm, P.C. handle all types of personal injury cases, including those caused by product defects. Our firm prioritizes close client attention, in which you will always work directly with an attorney.

We have seen firsthand the impact that serious injuries and wrongful deaths can have on the individuals and families we serve. Our team is committed to holding those responsible for these unnecessary and preventable forms of negligence through claims and lawsuits. Let us use our 35+ years of intensive experience to help you navigate the legal system in such cases.

Understanding Product Liability

Product liability refers to the legal responsibility that manufacturers, distributors, and retailers bear for placing defective or unsafe products into the hands of consumers. According to the Insurance Information Institute (III), net premiums written for product liability insurance rose from $2.8 billion in 2015 to $4.45 billion in 2023. Federal district courts handled 5,826 product liability cases in 2022.

In Montana, product liability law is based on strict liability. This means that injured product users do not have to prove intentional negligence, only that the product was defective and caused measurable harm when used. The statute of limitations for filing a product liability claim is three years from the date of injury, under Mont. Code Ann. § 27-2-204.

Courts across Montana, such as the Flathead County District Court at 920 South Main Street, Kalispell, MT 59901, and the Missoula County District Court at 200 West Broadway Street, Missoula, MT 59802, regularly hear civil cases involving defective products.

Product Liability Cases

Virtually all products on the market are subject to product liability law. This includes more than just items found on store shelves.

Defective products can include:

• Food
• Drugs
• Appliances
• Automobiles and their parts
• Medical devices and implants
• Toys
• Cosmetics
• Tools
• Blood
• Tobacco
• Gases
• Real estate
• Writings
• Maps
• Commercial jets

When you suffer harm while using a consumer product as it was intended to be used, you may have legal recourse for your injuries and damages through a product liability claim. Under product liability law, a product may be defective in different ways.

These can include:

• A defect in the way the product was designed
• A defect in the way it was manufactured or assembled
• A defect in the way it was marketed, such as failing to warn consumers about risks or failing to provide proper instructions for use

Product liability claims can be complicated, as you must prove that, while using the product as intended, it had a defect (as listed above) that caused your injury. In such cases, you may be eligible for compensation to cover your medical expenses, lost income or wages, pain and suffering, and other damages. If you have been injured in such a way, we stand ready to help you with your potential defective product claim.

Who Can Be Held Liable for Defective Products

Product liability law in Montana recognizes that multiple parties may share responsibility when a defective product causes harm. This includes the designer, who creates the initial blueprint or concept; the manufacturer, who builds or assembles the product; the distributor, who moves it through the supply chain; and the retailer, who sells it to the public.

Each of these parties has a duty to ensure that the item is safe for its intended use. If any step in this chain fails to meet that standard, all involved parties can be held liable for resulting injuries.

Defects generally fall into three main categories.

Design defects occur when the product’s concept itself is unsafe, even if properly made. Manufacturing defects arise when an error during production makes an otherwise safe design dangerous, such as faulty materials or assembly mistakes. Marketing defects, also called failure-to-warn defects, involve missing instructions or inadequate safety warnings that leave consumers unaware of potential hazards.

In many cases, more than one defect may apply. For example, a poorly designed power tool with missing warning labels could involve both design and marketing defects. Identifying all responsible parties and the exact defect type is an essential step for anyone seeking full and fair compensation under Montana law.

Why You Should Hire a Product Liability Lawyer

If you were harmed due to a defective product or misleading product warnings, your top priority should be to hire a product liability lawyer with years or decades of experience managing product liability cases. Montana’s product liability laws require injured parties to prove that the product’s defects are the cause of their personal injury. A Montana product liability attorney can take decisive action to connect the product’s defects to the measurable harm you endured.

Legal representation can play a key role in protecting your right to compensation. Attorneys are skilled negotiators and seasoned litigators who can rely on their years of experience handling past product liability cases to help you navigate a path to fair compensation for the physical, emotional, and financial harm you endured due to a defective product.

FAQs

What Is Product Liability?

Product liability is the legal responsibility of manufacturers and sellers to ensure their products are safe for consumers. If a product causes injury due to defects, the manufacturer must be held accountable.

How Common are Product-Related Injuries?

Research indicates that defective products lead to millions of injuries each year. It’s crucial for consumers to be aware of the risks associated with the products they use.

Who Can Be Held Liable in a Product Liability Case?

Liability can extend beyond just the manufacturer. Wholesalers, retailers, and even distributors can be held responsible for injuries caused by defective products.

What Are the Main Categories of Product Defects?

Defective products can fall into three main categories:

• Design defects: Flaws in the product’s design that make it inherently unsafe
• Manufacturing defects: Issues that occur during the production process, leading to a safe design being made unsafe
• Marketing defects: Inadequate warnings or instructions that fail to inform consumers about potential risks

What Should I Do if I Suspect a Product Caused My Injury?

If you believe a defective product caused your injury, document the incident and seek medical attention. Then, consult with a qualified Montana product liability attorney to explore your options for a potential claim.

Contact a Trusted Product Liability Attorney Today

If you suffered injuries from a defective or dangerous product, a Montana product liability lawyer can help you pursue justice. Manufacturers and distributors have a legal duty to ensure the safety of their products, and when that duty is violated, victims deserve compensation for medical costs, lost income, and pain and suffering.

Bliven Law Firm, P.C., investigates design flaws, manufacturing errors, and inadequate warnings to identify all responsible parties. Our firm provides the legal knowledge and resources needed to build a strong claim. With offices serving communities across Montana, we stand ready to protect your rights and help you recover the compensation you deserve. Contact our office today to schedule your consultation.

Kalispell Office

704 South Main Street
Kalispell, MT 59901

Boardman Office

202 North Main Street
Suite 1
Boardman, OR 97818