When you purchase a product, you trust that it is safe for its intended use. From the car you drive to work to the medicine you take for a headache, we rely on manufacturers and sellers to provide safe, effective goods. Unfortunately, this trust is sometimes broken, and dangerous products can cause serious injuries.
If a defective product has harmed you or someone you love in Oklahoma, you may feel lost and unsure of your rights. A Tulsa product liability lawyer can help you understand your options for seeking accountability and financial recovery for the harm you have suffered.
Key Takeaways about Tulsa Product Liability Cases
- A product liability claim holds manufacturers, distributors, or sellers responsible for injuries caused by a defective or dangerous product.
- There are three main types of product defects: design defects, manufacturing defects, and marketing defects (failure to warn).
- Anyone in the product’s “chain of distribution,” from the initial designer to the final retailer, could potentially be held liable for an injury.
- In Oklahoma, individuals generally have two years from the date of injury to file a product liability lawsuit.
- Compensation in these cases can cover medical expenses, lost income, pain and suffering, and other related damages.
- An attorney can assist by investigating the product defect, identifying the responsible parties, and building a case for fair compensation.
Why Choose Carr & Carr Injury Attorneys for Your Tulsa, OK Product Liability Claim?
Since 1973, Carr & Carr Injury Attorneys has been a steadfast advocate for individuals and families harmed by the negligence of others. We began as a father-and-son firm and have grown into a team of 11 attorneys and 40 dedicated professionals, all committed to fighting for the rights of our clients. We understand the physical, emotional, and financial toll a serious injury can take, and we approach every case with compassion and determination. Our firm has the resources and experience to take on large corporations and their insurance companies.
Our commitment to our clients goes beyond the courtroom. We believe our job is to improve the quality of life for those we represent.
- Decades of Experience: With over 49 years of history, we have a deep understanding of personal injury law in Oklahoma.
- Proven Results: We have helped our clients receive millions of dollars in compensation for a wide range of devastating injuries.
- Contingency Fee Basis: You pay us nothing unless we win your case. This means there are no upfront costs to get the legal support you need.
We handle the complexities of your legal claim so you can focus on what matters most—your recovery. Our team is ready to listen to your story and provide the guidance you need.
Understanding Product Liability Claims in Oklahoma
Product liability is an area of law that holds companies responsible when their products cause harm. It’s based on a simple idea: if a company puts a product on the market, it has a duty to ensure that the product is reasonably safe. When it’s not, and someone gets hurt, the company should be held accountable.
In Tulsa and across Oklahoma, these cases can be complex because they often involve large corporations with powerful legal teams. Proving a product was defective requires a thorough investigation and a clear understanding of the law. There are generally three categories that a product defect can fall into.
Design Defects
A design defect is a flaw that is inherent in the product’s blueprint. This means every single item made with that design is potentially dangerous, even if it was manufactured perfectly. The problem isn’t with a mistake on the assembly line; it’s with the original plan for the product.
To prove a design defect, one must typically show that:
- The product’s design was unreasonably dangerous before it was ever made.
- There was a safer, practical, and economically feasible alternative design that the manufacturer could have used.
- The flawed design was the direct cause of the injury.
A classic example would be a model of an SUV designed with a high center of gravity that makes it prone to rolling over during normal turns, a danger not present in other similar vehicles.
Manufacturing Defects
A manufacturing defect occurs when something goes wrong during the production process. The product’s design may be perfectly safe, but an error in making it or assembling it creates a hazard. This type of defect might only affect a single item, a specific batch, or a whole production run.
Consider these points about manufacturing defects:
- The flaw happened while the product was being built or put together.
- The defective product is different from other identical items that were made correctly.
- The error made the product unsafe and led to an injury.
An example could be a batch of prescription medication that was accidentally contaminated with a harmful substance at the factory, or a bicycle that was sold with a cracked frame due to an error in the welding process.
Marketing Defects (Failure to Warn)
A marketing defect, also known as a “failure to warn,” relates to how a product is presented to the public. This happens when a product is sold without adequate instructions for safe use or without clear warnings about non-obvious dangers. The responsibility is on the manufacturer to inform consumers about any potential risks associated with using their product.
A product might have a marketing defect if it lacks:
- Proper instructions for use.
- Clear warnings about potential dangers that aren’t obvious.
- Information about possible side effects (in the case of medications).
For instance, a powerful household cleaning chemical sold without a warning that it can cause skin burns or that it should not be mixed with other specific chemicals would be an example of a marketing defect.
Common Types of Defective Product Cases
Defective products can be found in any industry, and the injuries they cause can range from minor to catastrophic. An experienced Tulsa product liability attorney can handle claims involving a wide variety of goods.
Some common categories of defective product cases include:
- Defective Auto Parts: This can involve faulty brakes, defective tires that blow out unexpectedly, failing airbags, or flawed ignition switches. These defects can turn a minor traffic incident on I-44 into a serious collision.
- Dangerous Drugs and Medical Devices: Sometimes, prescription drugs have dangerous side effects that were not disclosed, or medical implants like hip replacements fail prematurely and cause significant harm. The Food and Drug Administration (FDA) regulates these products, but dangerous ones still reach the market.
- Faulty Children’s Toys and Products: Items made for children, such as cribs, car seats, and toys, must meet high safety standards. A toy with small parts that detach and pose a choking hazard or a car seat with a defective buckle can lead to tragic results.
- Hazardous Household Appliances: Defective wiring in a kitchen appliance could cause a fire, or a malfunctioning water heater could explode. Products you use every day in your home near Tulsa’s Gathering Place should be safe, not a source of danger.
- Defective Tools and Equipment: Power tools, ladders, and heavy machinery used on construction sites or for home projects can cause severe injuries if they have design or manufacturing flaws.
Any product that is sold to the public has the potential to be defective and cause harm if proper care is not taken by the companies that design, make, and sell it.
Who Can Be Held Responsible for a Defective Product Injury?
When you’re injured by a faulty product, it can be difficult to know who is to blame. Is it the company that designed it, the factory that built it, or the store that sold it to you? Under Oklahoma law, any party in the product’s “chain of distribution” can potentially be held responsible. The chain of distribution is the path a product takes from creation to the consumer.
Parties that could be held liable include:
- The Manufacturer: This includes the company that designed the product and the one that assembled the final version. It can also include manufacturers of individual components of the product.
- The Wholesaler or Distributor: These are the “middlemen” who move the product from the manufacturer to the retail stores.
- The Retailer: The store that sold the product directly to the consumer can also be held responsible, even if they had no part in designing or making it.
Oklahoma law allows for what is known as “strict liability” in many product liability cases. Strict liability means you do not have to prove that the company was negligent or careless. You only need to show that the product was defective and that the defect caused your injury. This principle makes it easier for injured consumers to hold large corporations accountable for the safety of their products.
Establishing a Product Liability Case in Tulsa
Building a successful product liability claim requires careful documentation and a clear presentation of the facts. It is not enough to say that you were hurt while using a product; you must connect the injury directly to a defect in that product. A product liability lawyer works to gather the necessary proof to build a solid case.
To establish a product liability claim, you generally need to prove the following four elements:
- You suffered an injury or loss. There must be actual harm, whether it’s a physical injury, property damage, or financial loss like medical bills and lost wages.
- The product is defective. You must be able to show that the product had a design, manufacturing, or marketing defect.
- The defect caused your injury. There must be a direct link between the product’s defect and the harm you suffered.
- You were using the product as intended. You must have been using the product in a way the manufacturer could reasonably expect it to be used. This includes any foreseeable misuse of the product.
Proving these elements often requires testimony from engineers, medical professionals, and other industry professionals who can analyze the product and explain how it failed.
Compensation You May Be Entitled to Receive
If you have been injured by a defective product, you may be facing significant financial burdens. A product liability claim allows you to seek compensation, often called “damages,” for the various ways the injury has affected your life. The goal is to recover financially for the losses you have experienced due to the defective product.
The compensation available in a product liability case may include:
- Medical Expenses: This covers all costs related to your injury, including hospital stays, surgeries, doctor visits, prescription medications, and physical therapy. It can also include future medical care you may need.
- Lost Wages: If your injury prevented you from working, you can seek compensation for the income you lost. This also includes loss of future earning capacity if you are unable to return to your previous job.
- Pain and Suffering: This compensates you for the physical pain and emotional distress caused by the injury and its effect on your daily life.
- Property Damage: If the defective product damaged your property (for example, a faulty appliance causing a house fire), you could be compensated for the cost of repairs or replacement.
An experienced attorney can help you calculate the full extent of your damages to ensure you are seeking a fair amount that covers all of your past, present, and future needs.
How a Tulsa Product Liability Attorney Can Help Your Case
Facing a large manufacturing company or its insurance provider can be a daunting process. These corporations have significant resources to defend themselves. A lawyer who handles product liability cases can level the playing field and advocate for your rights.
Here are some of the ways an attorney can assist with your claim:
- Conducting a Thorough Investigation: Your lawyer will work to secure the defective product for inspection, gather evidence of the defect, and collect documents like medical records and witness statements.
- Hiring Professionals: Product liability cases often rely on the opinions of knowledgeable professionals. An attorney can hire engineers, safety experts, and medical specialists to analyze the product and testify on your behalf.
- Identifying All Liable Parties: Your attorney will investigate the entire chain of distribution to determine every party that may be responsible for your injuries.
- Calculating Your Total Damages: They will carefully assess all of your economic and non-economic losses to determine the full and fair value of your claim.
- Handling Communications: Your legal team will manage all communication with the companies and their insurance adjusters, protecting you from tactics designed to minimize your claim.
- Filing a Lawsuit: If a fair settlement cannot be reached, your lawyer will be prepared to file a lawsuit and present your case in court.
Having a dedicated legal advocate on your side allows you to focus on your health and recovery while they handle the complex legal work.
Tulsa, Oklahoma Product Liability FAQs
Here are answers to some common questions that arise in defective product cases.
What should I do with the defective product that injured me?
If possible, it is very important to preserve the product in the exact condition it was in at the time of the injury. Do not try to fix it, alter it, or throw it away. The product itself is a critical piece of evidence in your case, and it will need to be examined by professionals to prove that it was defective.
How much does it cost to hire a product liability attorney?
Most personal injury law firms, including Carr & Carr, handle these cases on a contingency fee basis. This means you do not pay any attorney’s fees unless and until they win a settlement or verdict for you. The fee is a percentage of the total amount recovered, so there is no financial risk to you to get legal help.
What if the product was recalled? Does that automatically mean I have a case?
A recall can be strong evidence that a product was defective, but it does not automatically guarantee a successful claim. You still must prove that the specific defect covered by the recall caused your injury. Conversely, you can still have a valid claim even if the product was never recalled. The U.S. Consumer Product Safety Commission (CPSC.gov) is a good resource for checking product recalls.
What if I was not using the product exactly as the instructions said?
You may still have a case. The key is whether you were using the product in a “reasonably foreseeable” way. For example, a manufacturer might foresee that someone will stand on a chair to change a lightbulb, even if the instructions don’t explicitly approve of it. If the chair was defectively made and collapsed, you could still have a claim.
Can I file a claim if a defective product injured my child?
Yes. If a child is injured by a defective product, such as a dangerous toy or a faulty car seat, the parents or legal guardians can file a product liability claim on the child’s behalf to recover compensation for their medical bills and other damages.
Contact Our Trusted Tulsa Product Liability Lawyers Today
If you or a family member has been harmed by a dangerous or defective product, you do not have to face the consequences by yourself. The attorneys at Carr & Carr have been helping injury victims in Oklahoma since 1973. We are dedicated to holding negligent corporations accountable and fighting for the full compensation our clients need to rebuild their lives.
We offer a free, no-obligation consultation to discuss your case and explain your legal options. Because we work on a contingency fee basis, you will never pay us anything unless we successfully recover money for you. Contact us today at (405) 691-1600 or through our online form to learn how a Tulsa product liability lawyer from our firm can help you.
Carr & Carr Injury Attorneys – Tulsa Office
Address: 4416 S Harvard Ave, Tulsa, OK 74135
Contact No: (918) 747-1000