This guide explains Oklahoma’s product liability laws holding manufacturers/sellers accountable for product defects injuring consumers. Key topics covered include proving defects, liability types, statutes of limitations, damages, class actions, defenses, and prevention essentials.
Negligence | Strict Liability | |
Definition | Manufacturer/seller failed to take reasonable care ensuring product safety | Focus is on product itself being defective and unsafe, regardless of manufacturer/seller conduct |
Example | Toy company uses hazardous paints on products | Blender blades break during normal use, causing injury |
Can I sue a food company if their product sent me to the emergency room?
Yes, you can sue a food company for product liability if you can prove their product was defective, the defect existed when it left their control, and it directly caused your injury or harm. Strict liability may apply even if the company was not negligent.
Eating vegan leads to emergency surgery? It sounds far-fetched – but it happened in Oklahoma.
The food company Daily Harvest is being sued by Tulsa resident Carol Ready for product liability and personal injury after consuming a product made of lentils and leeks called Crumbles. She ate the item twice and reported both times, she was in the hospital within 48 hours. According to her, despite her doctors finding nothing else amiss except extremely elevated liver enzyme levels, a hepatobiliary iminodiacetic acid (HIDA) scan led them to conclude she needed to have her gallbladder removed. This decision came just days after a friend had pointed her to Twitter posts and a Reddit thread discussing Daily Harvest’s voluntary recall.
Product liability refers to the legal responsibility manufacturers and sellers have when their products cause harm to consumers. This responsibility comes into play regardless of whether the manufacturer or seller acted negligently.
Product defects can occur in a variety of ways, and understanding the different types can help consumers better identify potential risks.
The third type, marketing defects, involves insufficient instructions or warnings could lead to unsafe use of the product.
Negligence and strict liability are two pivotal concepts in understanding product defects.
For instance, if a new blender’s blades break during regular use, causing injury, strict liability could apply.
In product liability cases, the burden of proof typically rests on the consumer. This means it’s the consumer’s responsibility to demonstrate a product was indeed defective and the defect directly caused their harm or loss.
To do this, they must generally prove three things:
For example, if a bicycle’s brakes failed during normal use, leading to an accident, the rider would need to show:
The statute of limitations is a law that sets a time limit on the right to bring a lawsuit. In Oklahoma, for product liability cases, this limit is generally two years.
However, it’s important to act promptly to protect one’s rights. If a claim isn’t filed within the required time, the opportunity to seek justice and compensation may be lost.
In product liability cases, a consumer who has been harmed due to a defective product can potentially receive compensation. This compensation, often referred to as damages, is meant to cover various forms of loss or harm caused by the defective product.
Damages might include:
It’s crucial for consumers to keep detailed records of all associated costs and impacts to support their claim for compensation.
Product liability cases sometimes lead to class action lawsuits. A class action lawsuit arises when a defective product harms multiple people in similar ways. Rather than each filing separate lawsuits, they come together as a “class” to file a single lawsuit against the manufacturer or seller.
This can be particularly useful in cases where:
Instead, a class action lawsuit can effectively address the issue for everyone involved.
In product liability cases, manufacturers or sellers often employ certain defenses to counter the claims made against them.
Understanding these defenses can help consumers prepare for potential challenges to their claims.
Avoiding product liability issues involves a mix of careful purchasing decisions and correct product use.
If a product causes harm, documenting everything, including medical treatments, associated costs, and any communication about the product or injury, can help pursue a product liability claim.
If you are dealing with a product liability case, contact us or call us at 918-359-6600 today for a free consultation.
When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.