Defective Products

When the design or manufacture of the product makes them unsafe, terrible and tragic injuries and even death can result.

Product liability can occur with industrial machines, motor vehicles, or any consumer product capable of causing injury.

A products liability claim is usually based on one or more of the following causes of action:

• Design defect,
• Manufacturing defect,
• Failure to warn.

In general, products liability claims are based not on negligence, but rather on strict liability. Under the theory of strict liability, a manufacturer is held liable regardless of whether it acted negligently. It allows recovery for an injured customer who might be in a difficult position to prove what a manufacturer did or did not do in its design or manufacturing process. It is presumed that a manufacturer with its deep pockets may be better situated to absorb the cost of liability and would consider such expense in setting price for its products.)

Montana law imposes special duties on the makers and sellers of products. If you or a loved one has been injured or killed by a defective product, we can help explain your rights and get you the result you deserve..