Theories of Product Liability in Oklahoma
The idea of product liability is a shift of responsibility for the injuries sustained by an individual to the company responsible for the manufacture or design of a product. Especially given that parents are legally obligated in Oklahoma to use car seats for their offspring, it is imperative that these products are to be designed and produced in such a way as to protect lives and increase safety.
In the event that a car seat fails and injuries are sustained, there may be a cause of action against the manufacturer of the product. Such a case requires proof of each of the following elements:
- That the product was defective. Proving a product was defective is not as straightforward as many might think. A design flaw, a manufacturing error, or an advertising failure can all have contributed to the product being defective. It will be necessary to gain expert opinions on this matter.
- That the defect led to the circumstance that caused the injuries sustained. In other words, simply because a car seat was defective in one respect (perhaps the warnings on it were insufficient, for example in regards to the age or weight restrictions) but the parents forgot to buckle the car seat in properly. In this situation, regardless of the defective warning, the failure to buckle the car seat properly might be construed as the cause of the injuries, not the improper marketing materials.
- That the defect made the product unreasonably dangerous beyond what would be normally anticipated by a user of the product. This does not mean, for example, that every razor blade must be manufactured in such a way as to render it useless, but it does mean that a razor blade, which was designed to be sharp on every edge, might legitimately be problematic.
Contact Oklahoma Car Accident Lawyers
Because there are legal limits to the time in which an injured party can bring an action, and because of the expert opinions required, it is essential that any defective car product claim be thoroughly investigated early on and legal counsel pursued. Reach out to Car Accident Help sponsored by Maples, Nix & Diesselhorst and call (405) 285-4357 to discuss your individual circumstances.
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