If you have been
injured because of a defective product, you need to contact
the Law Offices of James P. Howe to ensure that you
recover fair compensation for your injuries from the
products manufacturer. Even though products liability cases
are extremely complex, expensive to prosecute and vigorously
defended by manufacturers, our qualified attorneys have
consistently recovered substantial damages for our clients
injured by defective products.
Product liability claims are based on three (3) theories of
A negligence theory requires the plaintiff to
prove four (4) elements:
It must be shown that the defendant owed a duty to the
consumer. Manufacturers, in fact, owe a duty to the users of
its products and bystanders likely to be injured.
The manufacturer also has a duty in making its products, to
guard against injuries likely to result from reasonable,
foreseeable misuse of the product.
The plaintiff must also show that the manufacturer breached
The plaintiff must prove that they were injured and that the
manufacturer's breach caused the injury.
Strict Liability Strict liability holds that the
manufacturer of a product is responsible to anyone injured
by the use of an unreasonable and dangerous product.
Rhode Island law requires that to prove strict liability, a
person must show that:
The product was defective and unreasonably dangerous;
The product was defective when it left the manufacturer;
The defect caused the injury to the person bringing the
"Strict Liability" does not mean "absolute liability." An
injured person cannot simply assert strict liability and
automatically recover monetary damages for their injury.
Instead, the injured consumer in asserting strict liability,
must still prove their right to compensation.
3. Breach of Warranty Every product comes with an implied
warranty that is safe for its intended user. A defective
product which causes injury is not safe for its intended
user and thus constitutes a breach of warranty. Also, a
seller or manufacturer cannot simply disclaim such a
warranty and will be held responsible if its product is
deemed defective. Typical examples of product liability
Poorly designed automobiles, trucks, motorcycles, and
unsafe power tools and appliances;
hazardous children's toys, clothing or other accessories
such as car seats and cribs;
pharmaceuticals or other health care products that cause
dangerous side effects.
Not only is the manufacturer liable for design defects which
cause injury, the merchant or distributor who sold the
defective product can also be held liable in certain cases.
The Law Offices of James P. Howe and its affiliate
law firms have the extensive experience and knowledge to
successfully and independently investigate the cause of any
accident caused by a defective product. Our offices take
advantage of the best experts in the industry, as well as
utilizing the best Rhode Island Lawyers in this specialized area. We are
extremely aggressive and we will leave no stone unturned.
Whether by trial or settlement on defective products cases,
our affiliate law firms have obtained outstanding results in
many different cases, including all types of autos, sports
utility vehicles, trucks, etc.
or call us today at (401) 788-0600 to speak with
someone from our firm..