Oklahoma Product Liability
The products you buy and use and those products that are in the environment in which you frequent in your daily life, should be safe. Many times individuals are severely injured and disabled because a product manufacturer fails to warn an individual regarding the proper use of the product, as well as the hazards that may be associated with an accepted use of the product.
Suffering an injury or an economic loss because of a defective or unreasonably dangerous product may entitle an individual to receive compensation. In the United States, the claims most commonly associated with product liability are negligence, strict products liability, breach of warranty, and various consumer protection claims.
The majority of product liability laws are determined at the state level and vary widely from state to state. Each type of product liability claim requires different elements to be proven to present a successful claim. It is important to note that a product liability case in the state of Oklahoma must be brought within two years after the plaintiff suffers the injury.
Contact us today If you or a loved one has been injured or killed by a defective or unsafe product by using the form on your left or by calling us toll-free at 1 (866) 664-0400 for a FREE case review.
Product liability cases may involve:
- Automobile Safety
- Silicone Breast Implants
- Consumer and Household Products
- Industrial Products
- Farm Machinery and Equipment
- Products causing Explosions and Burns
- Tobacco Products
- Crib Defects & Recalls
- Baby Toy Defects
Product Liability and Negligence
A basic negligence claim consists of:
- Proof of a duty owed on the part of the manufacturer
- A breach of that duty
- The breach caused the plaintiff's injury
- An injury occurred
A product liability negligence claim usually falls into one of three possible types:
- Design defect
- Manufacturing defect
- Failure to warn
Over time, several other negligence concepts have arisen to deal with certain specific situations, including negligence per se (using a manufacturer's violation of a law in place of proof of a duty and a breach) and res ipsa loquitur (a presumption of negligence under certain conditions). The difficulties of an injured customer to prove what a manufacturer did or did not do during the design or manufacture of product has lead to the development of newer product liability claims such as strict liability.
Product Liability and Strict Liability
Rather than focus on the behavior of the manufacturer, strict liability claims focus on the product itself. The basic component of a strict liability claim is proof that the product is defective or unreasonably dangerous. Similar to negligence claims, strict liability claims may attack a product's design, manufacture, or warnings. In the U.S., states have employed numerous ways to determine a product's defectiveness. Most of the tests used to determine defectiveness include these types of concepts:
- Consumer Expectations Test - Did it meet the consumer's expectations?
- Risk-Utility Test - Balancing the products' risk vs. its utility
- Open and Obvious Danger Rule - Was the dangers obvious to the consumer?
- Feasible/Reasonable Design Alternative - Is there a safer design alternative?
- Sophisticated User Doctrine - Sophistication of the product's user
- Learned Intermediary Doctrine - Existence of knowledgeable intermediaries between the manufacturer and the consumer
Product Liability and Breach of Warranty
Warranties are statements by a manufacturer or seller concerning a product during a commercial transaction. Unlike negligence claims, which focus on the manufacturer's conduct, or strict liability claims, which focus on the condition of the product, warranty claims focus on how these issues relate to a commercial transaction.
Warranty claims commonly require:
- Express warranty
- Breach of an implied warranty of merchantability
- Breach of an implied warranty of fitness for a particular purpose
We can handle your potential legal case if you are in any of these Oklahoma cities. Even if your city is not listed you may still speak with one of our Oklahoma attorneys by filling out our contact form or calling us toll-free at 1 (866) 664-0400.
Ada, Afton, Altus, Alva, Anadarko, Ardmore, Atoka, Bartlesville, Blackwell, Broken Arrow, Catoosa, Chandler, Checotah, Chickasha, Claremore, Clinton, Del City, Duncan, Durant, Edmond, El Reno, Elk City, Enid, Erick, Frederick, Glenpool, Grove, Guthrie, Guymon, Henryetta, Idabel, Lawton, Locust Grove, Mcalester, Miami, Midwest City, Moore, Muskogee, Norman, Oklahoma City, Okmulgee, Owasso, Pauls Valley, Perry, Ponca City, Poteau, Pryor, Roland, Sallisaw, Sand Springs, Savanna, Shawnee, Stillwater, Stilwell, Stroud, Tahlequah, Tulsa, Vinita, Wagoner, Weatherford, Woodward, Yukon
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111 W 5th Street | Tulsa, OK 74145
Phone: 918-622-9292 | Fax: 918-549-6794