Billings Product Liability Attorney Helping Clients in Montana and Wyoming

When you buy a product, you expect it to work as intended. You do not expect to have to worry about a possible malfunction, and you certainly do not expect to have your safety or a loved one’s wellbeing put in jeopardy. Unfortunately, product defects are far more common than any of us would like to believe, and they can cause serious injuries. Although we rarely think about it, from home appliances and airbags to yard equipment and children’s toys, virtually everything we buy has the potential to cause harm. If an accident happens due to a manufacturing error or other defect, you have the right to compensation. Speak with a Billings product liability attorney at our firm to lean your options.

Have You or a Loved One Been Injured by a Defective Product?

If you or a loved one has been injured by a defective product, a Billings product liability attorney at Ragain & Clark, PC can help you seek just compensation. Under product liability laws, individuals and families harmed by defective products can seek compensation without having to prove fault on the part of the product designer or manufacturer. Under the laws of Montana and Wyoming, if you can prove that an injury was the result of a product defect, then you are entitled to a financial recovery regardless of whether there is evidence of negligence in the chain of production or distribution.

However, recovering financial compensation for a product defect can be challenging. Due the potential for significant financial liability, designers, suppliers, manufacturers, wholesalers and retailers will vigorously dispute product liability claims. In order to recover your losses, you need a law firm with a proven record of success in product liability cases. At Ragain & Clark, PC, our attorneys have decades of experience negotiating settlements and winning trial verdicts for clients in cases involving defective products.

*Product Liability Verdicts and/or Settlements

Below are select verdicts and settlements we have secured in product liability cases:

$650K Product Liability Seat Belt
$350K Product Liability Auto Roof
$300K Product Liability Table Saw
$175K Product Liability Firearm

Testimonials

“Ragain and Clark found insurance coverage that applied to my case that I did not even know existed.”
“Thank you for all of the legal help you have given me over the years. You are so generous and kind.”
“The brief you filed was readable and easily understood. Polite, yet demanding. I have a new appreciation for the great job you and your team did with our response. Nice work! Please share my appreciation with all who helped.”

What Constitutes a Product Defect?

In order to pursue a product liability case, you must prove that the product that injured you or your loved one was “defective.” What constitutes a product defect?

Design Defect – A product suffers from a design defect if it is inherently dangerous when used as intended.
Manufacturing Defect – A product suffers from a manufacturing defect if it is dangerous to use as a result of a flaw that arose during the manufacturing process.
Failure to Warn – Individuals and families can also pursue product liability claims in cases where a product’s labeling or packaging fails to provide adequate warning of risks that are not readily apparent.

Product liability cases are complicated. Our firm has the resources to pursue high-stakes, complex product liability cases against large manufacturers and other defendants. With experience on both the plaintiff and defense side of litigation, we understand how to investigate a case, effectively gather evidence, retain the best experts and craft a winning trial strategy.

If you have any questions about a product-related injury, we encourage you to contact us for an initial consultation with an experienced Billings product liability attorney. It costs you nothing to learn about your rights and, if you have a claim, you will not have to pay anything unless we obtain compensation on your behalf.

Our Billings Product Liability Lawyer Outlines a Manufacturer’s Obligation to Label Their Products

There are two main reasons that a manufacturer needs to label their products:

They need to provide adequate instructions concerning the safe use of their products.
They need to warn consumers about potential, foreseeable dangers that aren’t immediately apparent that can arise from using the product.

Almost any product you purchase these days comes with several labels, an instruction booklet, and other warnings in an attempt by the manufacturer to avoid liability due to a failure to warn. However, all of the labels and other papers don’t necessarily mean they have met their obligation. This is a fairly technical aspect of a product liability law, and you should speak with a Billings product liability attorney to discuss whether you have a claim.

Is the Danger Obvious?

Surprisingly, manufacturers do not have an obligation to disclose or warn of obvious dangers. For example, a manufacturer of a camping stove may not need to disclose the possibility of burning yourself - the manufacturer may rely upon the consumer’s common sense that stoves are hot and there is a risk of getting burned if you are not careful.

On the other hand, the manufacturer may have a duty to warn if there are surfaces other than the burner that unexpectedly become hot during use. Similarly, a manufacturer may need to warn against using the stove indoors due so that the stove can properly ventilate. Manufacturers need to warn consumers about non-obvious dangers that can arise while using the product.

Is the Danger Foreseeable?

The manufacturer’s duty to warn only applies to non-obvious hazards that are foreseeable. For example, electric curling irons and hair dryers are often used in the bathroom, so it’s foreseeable that they may come into contact with water. As a result, manufacturers arguably have a duty to warn of the dangers of electrocution while using these products.

Warnings Must Be Conspicuous

In order to be considered adequate, any warnings provided by the manufacturer must be easy for the consumer to see and read. Unfortunately, determining whether the warning was easy to find, read, or understand isn’t easy - it will depend on the facts and circumstances surrounding your case. An experienced Billings product liability lawyer can review your case and provide guidance as to whether the manufacturer’s warning was sufficiently conspicuous.

Schedule Your Free Initial Consultation with a Billings Product Liability Attorney Now

To learn if you have a claim for a product defect, please call 406-651-8888 or contact us online to schedule your free initial consultation with an attorney at Ragain & Clark, PC. With offices in Billings and Worland, we represent clients in product liability claims throughout Montana and Wyoming including Powell, Cody and Thermopolis.

*Past results should not be construed to create an expectation of result in any other case. The facts and circumstances of your case may be different and must be evaluated on its own merit.