A Comprehensive Guide to Product Liability Laws in Oklahoma: What Consumers Need to Know

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.

Comparing Key Points

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.

• When a product is defective or unsafe, it may lead to injury or damage, and where product liability laws step in.
• These laws are designed to protect consumers by holding the appropriate parties accountable.
• Understanding product liability is crucial for consumers, as it enables them to know their rights and safeguards when interacting with various products in their daily lives.

Types of Product Defects

Product defects can occur in a variety of ways, and understanding the different types can help consumers better identify potential risks.

• The first type is a manufacturing defect, which occurs when a product is improperly made or assembled. This could be anything from a missing screw in a piece of furniture to contaminated food.
• The second type is a design defect, where the product is inherently dangerous, even if made correctly. For instance, a toy with small, easily detachable parts could be a choking hazard for young children.

The third type, marketing defects, involves insufficient instructions or warnings could lead to unsafe use of the product.

Negligence vs. Strict Liability

Negligence and strict liability are two pivotal concepts in understanding product defects.

• Negligence occurs when a manufacturer or seller fails to act responsibly or take proper caution in ensuring the safety of a product. For example, if a toy company uses hazardous paint on its products, it could be considered negligent.
• On the other hand, strict liability applies even if the manufacturer or seller wasn’t negligent but the product is still defective and causes harm. In strict liability, the focus is on the product’s safety rather than the actions of the manufacturer or seller.

For instance, if a new blender’s blades break during regular use, causing injury, strict liability could apply.

Burden of Proof in Product Liability Cases

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:

• First, the product was defective.
• Second, the defect existed when the product left the manufacturer’s control.
• Lastly, the defect caused their injury.

For example, if a bicycle’s brakes failed during normal use, leading to an accident, the rider would need to show:

• The brakes were defective
• The defect was present at the time of purchase
• Failure resulted in their injuries

Statute of Limitations in Oklahoma

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.

• This means if a person has been harmed by a defective product, they have two years from the date of the injury to file a lawsuit.
• If the injury isn’t discovered right away, the clock may start from the date the injury is discovered or should have been discovered.

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.

Compensation in Product Liability Cases

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:

• Medical expenses for treating any injuries
• Costs to replace or repair the damaged property
• Lost wages due to time away from work
• Pain and suffering endured as a result of the incident

It’s crucial for consumers to keep detailed records of all associated costs and impacts to support their claim for compensation.

Product Liability and Class Action Lawsuits

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:

• A lot of people have suffered relatively small losses
• For instance, if a defective refrigerator model causes minor property damage to a large number of people, it may not be financially practical for each person to file a separate lawsuit

Instead, a class action lawsuit can effectively address the issue for everyone involved.

Common Defenses in Product Liability Cases

In product liability cases, manufacturers or sellers often employ certain defenses to counter the claims made against them.

• One common defense is arguing the consumer misused the product in a way not foreseeable, and misuse, rather than a defect, caused the harm.
• Another common defense is claiming the consumer was fully aware of the product’s risk but chose to use it anyway – this is known as assumption of risk.
• Yet another defense might be the product was substantially altered or modified after it left the manufacturer’s control, and these alterations led to the injury.

Understanding these defenses can help consumers prepare for potential challenges to their claims.

Preventing Product Liability Issues

Avoiding product liability issues involves a mix of careful purchasing decisions and correct product use.

• Consumers should thoroughly research products before buying, checking for recalls, safety warnings, and customer reviews.
• Always read and follow product instructions, as misuse can lead to unexpected harm and potentially hinder any product liability claim.
• Keep any paperwork or receipts related to the product; these may be needed if an issue arises.
• Lastly, if a product seems unsafe, stop using it immediately.

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.