Products Liability Attorney in Bozeman, Montana
At AFJ Law Firm PLLC, we firmly believe that products used in our homes, applied on our bodies, and depended on in our vehicles should be safe. As manufacturers and corporations, it is our fundamental duty to ensure our products are not dangerous to the public unnecessarily. When they prioritize profit over safety and you or someone you love pay the price, we commit to holding them accountable.
Since 2012, we’ve fought for Montanans who’ve suffered serious injuries from defective and dangerous products. We stand up against negligent manufacturers, their insurance companies, and law firms they hire, ensuring your voice is heard and rights are protected.
What Is Product Liability?
Product liability is a branch of law that holds manufacturers, distributors, and retailers responsible for placing defective products in the hands of consumers. The fundamental principle is that any company that benefits from the sale of a product should be held accountable for any harm caused by a defective product.
These cases are not simply about buyer’s regret; they involve fundamental safety failures that lead to serious injury or even death. In Montana, these cases often rely on the legal concept of “strict liability”, which means that victims can recover damages even if they cannot prove that the company was negligent. They only need to prove that the product was defective and caused the harm.
Strict liability is a powerful legal doctrine that focuses on consumer safety, rather than the intent of a manufacturer. Injured consumers do not need to prove that the manufacturer intended to harm them or acted recklessly, but only that the product was unreasonably dangerous at the time it left the manufacturer’s control. This legal standard is in place to protect the public and promote safer product design, testing, and labeling.
Product liability law recognizes that consumers have a limited ability to inspect or test products for hidden dangers. When companies introduce products onto the market, they assume responsibility for ensuring that those products meet reasonable safety standards. If this responsibility is not met, Montana law provides a way for injured consumers to seek compensation.
Common Types of Product Defects
A product can be considered legally defective in three main ways:
Design Defects
These defects are inherent in the product’s design. The product is dangerous even before it is manufactured, because the design itself has flaws. Examples include an SUV with a high center of gravity, which is prone to rollover, or a child’s toy with small, easily removable parts, which poses a choking hazard.
Manufacturing Defects
In these cases, the product’s design may be sound, but an error occurs during the manufacturing or assembly process, causing one or more products to deviate from the intended design. This can be a bicycle frame with a hairline crack due to a welding error, or prescription medication that has been contaminated with a toxic substance during production.
Marketing Defects (Failure to Warn)
This defect involves inadequate safety warnings, insufficient instructions for use, or failure to properly label the dangers of a product. For example, a powerful prescription drug may not have a warning about dangerous interactions with other common medications. Or, a chemical solvent may be sold without instructions on proper ventilation and the use of protective gear.
Common Products Involved in Liability Cases
Virtually any mass-produced product can be the subject of a product liability claim. Some of the most common product categories we handle include:
- Motor vehicles and parts: Defective airbags, faulty brakes, malfunctioning electronic stability control, and defective tires can all lead to catastrophic or fatal accidents.
- Medical devices: Implants like hip and knee replacements, surgical meshes, pacemakers, and insulin pumps have all been known to fail due to design or manufacturing flaws, causing severe injuries, infections, and organ damage.
- Pharmaceuticals: Dangerous drugs with undisclosed side effects, such as an increased risk of heart attack, stroke, or internal bleeding, can be the basis for a mass tort or individual claim.
- Children’s Products: Defective cribs, strollers, car seats, and toys that contain choking hazards or toxic materials present an unforgivable risk to our youngest and most vulnerable.
- Industrial and Household Products: Defective power tools, industrial machinery, household appliances like space heaters and gas grills, and contaminated food products can lead to severe burns, lacerations, electrocution, and foodborne illnesses.
Identifying Liable Parties in the Distribution Chain
Montana law allows injured consumers to pursue legal claims against any party in the product’s supply chain. This includes the original manufacturer, component suppliers, assemblers, wholesalers, distributors, and even the retailer that sold the product. Our team thoroughly investigates the product’s origin to identify all potentially responsible parties and ensure that no avenue for compensation is missed.
Injuries Caused by Defective Products
The injuries resulting from a defective product can be severe and life-changing. We have seen clients suffering from:
- Severe burns and disfigurements
- Traumatic brain injuries and spinal cord damage
- Amputations and severe lacerations
- Broken bones and orthopedic injuries
- Internal bleeding and organ damage
- Poisoning, illness, and toxic exposure
- Wrongful death
Building a Strong Products Liability Case
To successfully pursue a product liability case, we must prove that the product was defective, unreasonably dangerous, used in a manner intended (or reasonably foreseeable) and that the defect directly caused the injury. This process requires more than just legal knowledge; it also demands technical expertise.
We work closely with engineers, medical professionals, toxicologists and industry experts to analyze the product, reconstruct the failure and provide clear, compelling evidence to insurance companies and juries.
Compensation Available to Injured Consumers
Montana law allows for the recovery of both economic and non-economic losses, including past and future medical expenses, lost wages, reduced earning capacity, pain and suffering, emotional distress, permanent disability, disfigurement, and loss of companionship.
In cases where there has been wilful disregard for consumer safety, such as selling a dangerous product knowingly, courts may also award punitive damages to punish the offender and deter future wrongdoing.
Learn More About Wrongful Death and Survivorship Lawsuits
You Have a Voice. Let Us Amplify It.
If you or a loved one has been injured due to a defective product, you are not alone in your struggle. The journey to justice and financial compensation can be challenging, but you don’t have to face it alone. The experienced product liability attorneys at AFJ Law Firm PLLC are here to help you every step of the way.
Contact us today to schedule a free, no-obligation consultation.
Common Products Liability FAQs
A product is legally defective if it has a flaw in its design, an error in its manufacturing, or a failure to provide adequate warnings or instructions about its dangers. In Montana, you often don’t need to prove the company was negligent, only that the defect existed and caused your injury (strict liability).
Multiple parties in the supply chain can be liable, including the product’s manufacturer, the maker of a faulty component, the wholesaler, distributor, and even the retailer who sold it to you. A thorough investigation is needed to identify all potentially responsible parties to ensure full compensation.
A manufacturing defect means the product was not made correctly according to its design (e.g., a single batch of medication is contaminated). A design defect means the product’s intended blueprint is inherently unsafe, making every unit of that model dangerous (e.g., a car model prone to rolling over).
Generally, you have three years from the date of your injury to file a lawsuit. However, there can be complex rules regarding when the “clock starts,” especially with injuries that develop over time. It is critical to consult an attorney as soon as possible to avoid missing any deadlines.
Manufacturers must anticipate reasonably foreseeable uses of their product. If your use was foreseeable, they may still be liable. However, if you were misusing the product in an unforeseeable way, it could impact your claim. An attorney can assess how this factor applies to your specific case.
These cases are highly technical and complex, often requiring expert witnesses in engineering, medicine, or chemistry. They involve fighting large corporations with vast legal resources. A specialist firm like ours has the experience, resources, and network of experts needed to build a compelling technical case and level the playing field.
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