Find Lawyers in New Haven, Connecticut for Product Liability Litigation - Plaintiffs
John J. Kennedy, Jr. is the founding partner of Kennedy, Johnson, Schwab & Roberge, LLC. In 1988, John formed Kennedy & Johnson, along with David Johnson. John is an accomplished trial attorney, spending most of his 35 years practicing in Connecticut, representing injured clients before juries. After more than three decades practicing law, John still finds trying cases to juries in automobile accident, premises liability, medical malpractice and product liability cases his passion. In...
Michael Kennedy joined Kennedy, Johnson, Schwab & Roberge in 2021. He has devoted his career to representing victims of medical negligence, sexual abuse and other crimes, and those injured in motor vehicle and trucking collisions. Attorney Kennedy was born and raised in Connecticut and has spent his entire career serving clients in Connecticut. He began his career handling catastrophic and complex personal injury cases at two other prominent Connecticut firms where he handled a wide varie...
Product Liability Litigation - Plaintiffs Definition
Products liability, therefore, often involves complex litigation. The nature of a products liability claim is dependent on the jurisdiction or state where the injured person lives, the type of product, and the variety and cause of the defect. Product defects can surface in different facets of the user experience including defects in design, manufacturing, or even when a manufacturer fails to warn of associated dangers in the product’s use. Moreover, liability in these cases can rest on many different parties ascending the supply chain up to the original manufacturer - from the manufacturer and distributor to the supplier and retailer. After gathering all of this information, a knowledgeable attorney will determine the appropriate type of claim that should be pursued including strict liability, negligence, breach of warranty, or even fraud.
Strict Liability: Rather than focus on the behavior of the manufacturer (as in negligence), strict liability claims focus on the product itself. Under strict liability, the manufacturer is liable for harm caused by the defective product, even if the manufacturer was not negligent in making that product defective.
Negligence: This case type most resembles an ordinary negligence lawsuit. In addition to duty, defect, causation, and injury, the injured party needs to prove that the manufacturer or seller breached its duty to the person harmed.
Breach of Warranty: When the maker of a product warrants its characteristics, if it fails in one of those characteristics and the failure causes an injury, a breach of warranty claim arises. Warranties can be express (written or sometimes verbal) or implied by law.
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