Oklahoma Product Liability Lawyers

Product manufacturers in the United States are held accountable for damages if the products, devices, or machines cause injuries to customers. In Oklahoma, the state’s product liability laws allow you to file claims against the at-fault company. Entities that could be accountable for your injuries and other losses could be the product manufacturer, wholesaler, product designer, or retail store owner.

However, obtaining compensation in a product liability claim is difficult without the aid of skilled, experienced legal counsel. That’s why Nix Patterson uses its vast resources and knowledge to file product liability lawsuits against organizations that make and distribute dangerous and defective products that injure consumers.

If a defective product has injured you, our Oklahoma product liability lawyers at Nix Patterson may be able to help you receive compensation for your losses. Don’t try to handle your claim alone – contact one of our attorneys today!

What Is Product Liability?

When a product is defective or improperly designed, the manufacturer and possibly other companies can be held liable. Product liability law in Oklahoma applies to product manufacturers, designers, and potentially other parties involved in the supply chain between product design and where it was sold. If a defective product injures you or a loved one, you and your attorney are responsible for the burden of proof.

To obtain a favorable settlement or verdict, you must prove that the product defect was caused by negligence by the product designer, manufacturer, marketer, or other responsible organization. You also must prove that your losses were a direct result of a defect in the product. Some examples of a product liability claim could be:

• A poorly manufactured coffeemaker carafe that shatters without warning.
• A tire that loses its tread and causes an auto accident.
• A toy with a loose button that chokes a child.
• A medical device with malfunctioning software that leads to a serious injury.
• A swing set that lacks sufficient safety warnings and a child is injured during play.

These cases can be difficult to prove, and the company and its insurance company will aggressively contest your claim. But you can rely on our Oklahoma product liability attorneys to take on these tough opponents and fight for the most compensation for your recovery.

Common Types of Dangerous Products

When a product injures you, it’s easy to assume that you must have done something wrong. After all, most products undergo testing and safety evaluations before being put on the market. But the reality is that any product can fail and injure consumers. You shouldn’t assume that the injury was your fault when injured by a product.

The most common types of product liability claims involve the following product categories. If any of these products hurt you, speak to a Nix Patterson attorney promptly about a potential claim:

• Automotive parts. Automotive parts defects can happen in any part of the vehicle, including the brakes, tires, engine, airbags, accident avoidance technology, etc.
• Medical devices. Any medical devices, from hip replacements, walkers, pacemakers, heart stents, and prosthetic limbs can cause severe and even fatal injuries.
• Children’s toys. We all want to protect our children from injuries. That’s why it can be so upsetting to discover that a child’s toy may have been recalled because of a hazardous defect.
• Lawn equipment. String trimmers walking and riding lawn mowers are complex devices that can cause serious injury if defective.
• Drugs. Both over-the-counter and prescription medications can have design or manufacturing defects that lead to serious or lethal injuries.
• Home improvement tools. Saws, power drills, and all electrical equipment must have proper labels to ensure consumer safety.

Types of Product Defects

The types of products that can cause injuries and other harm are broad. Still, most Oklahoma product liability lawsuits relate to these types of flaws: manufacturing defects, design defects, and warning defects. Understanding more about these three types of product liability claims can help you understand if you have a valid claim:

• Design defects. Flaws in the product’s design make it unreasonably hazardous.
• Manufacturing defects. Flaws in the manufacturing process affect the product, making it dangerous.
• Inadequate warnings. The product manufacturer or marketer did not provide sufficient warnings about the product’s potential hazards in the marketing materials, or the instructions didn’t ensure the product was used safely.

Proving Product Liability

Proving a product liability claim means showing that you suffered harm from a defective product. The defendant is often the product manufacturer, but other defendants could be the designer, distributor, supplier, seller, or marketer.

To obtain damages in a product liability lawsuit, you have to prove the following four elements:

• You suffered an injury or other losses from the defective product.
• You used the product in a proper and foreseeable way.
• The product was defective in some way.
• The product defect caused your injuries or illness.

Time is critical in a product liability lawsuit, as with any personal injury claim. Injured victims must file their lawsuit within the statute of limitations of two years in Oklahoma. This means you have two years from the date they knew or should have known about the injury to file the lawsuit.

Recovering Compensation in a Product Liability Lawsuit

If you or someone you love suffered injuries from a defective product, you should consider filing a lawsuit. But you should never consider doing it alone. Remember that you must obtain medical records and accident reports and handle complicated legal deadlines and paperwork.

You also have to hire expert witnesses to testify about the unsafe product. You’ll be up against experienced defense attorneys from corporations and insurance companies. You always should have a Nix Patterson product liability attorney fighting for your rights.

If your attorney negotiates a settlement or wins a verdict in court for your product liability claim, you could receive the following damages:

• Past, current, and future medical expenses
• Lost earnings and lost ability to earn a living
• Pain and suffering
• Mental anguish

If you lose a loved one because of a product defect, the surviving family members could receive the following compensation in a wrongful death claim:

• Funeral and burial costs
• Medical expenses
• Lost future income
• Lost family services
• Lost inheritance

Your attorney is experienced with product liability and personal injury claims. They can review your case and get a rough idea of its worth. However, every case is different, and insurance negotiations and juries vary. So, your attorney cannot guarantee what you would receive in a settlement or verdict.

How Do You Know if You Have a Product Liability Claim?

There are several requirements to file a product liability claim. Your attorney will carefully review your case with you to determine if you have a valid claim:

• You have to have been injured by the product. A product is defective or dangerous if, even after you followed proper precautions and warning labels, it still led to an injury. For instance, in Oklahoma, the first product liability lawsuit was filed by a driver whose driver’s seat collapsed while she was driving, causing a serious accident. So, if you use the product in the way it was intended and you still get hurt, there could be a product liability claim.
• You have to show you weren’t mostly at fault. In Oklahoma, there is a comparative negligence law, which means you can be partially at fault for an accident and still receive compensation. However, to file a product liability claim, you must be 49% or less to blame for the accident. Your attorney will review your case to determine your potential degree of fault.
• The statute of limitations has not expired. You must file your claim within two years of the date of injury.

Also, you could file a product liability lawsuit even if you weren’t using the product when it caused an injury. For instance, if you were a bystander when a defective product affected you, you still could have a claim.

What if You Didn’t Know the Product’s Dangers?

In Oklahoma, you may be entitled to obtain compensation for injuries sustained because of a warning or marketing defect. Sometimes, marketers and retail stores are negligent and don’t provide sufficient instructions to ensure your safe use of a product. The marketer or seller must inform you if the product is inherently dangerous.

The product must also have adequate warning information; if there isn’t, you might not have enough information about the product’s safe use. Oklahoma law does allow consumers who weren’t adequately warned to obtain compensation in a product liability claim.

Contact Our Oklahoma Product Liability Lawyers Today

Did a defective product injure you? You may be eligible for compensation in a product liability lawsuit if you have been injured through no fault. At Nix Patterson, our Oklahoma product liability lawyers understand the stress and uncertainty of being hurt by defective products.

Contact our product liability attorneys today for more information, and remember — we don’t get compensated unless we win your case.