Products Liability Attorney
In Maine, liability for defective products is regulated by statute. Title 14 M.R.S. § 221 governs defective or unreasonably dangerous goods and applies to any seller of a good or product. Sellers can include any seller in the distribution chain, up to and including the manufacturer, as long as the product hasn’t been significantly changed or altered before it reaches the consumer.
Different standards of liability apply depending on the type of defect the dangerous product contains. A manufacturing defect occurs when something goes wrong with the production of the item, resulting in a dangerous flaw that causes injury. Maine law imposes strict liability on sellers and manufacturers for injuries caused by such defects if the injury was foreseeable. Concepts of comparative negligence do not apply, because a consumer cannot reasonably be expected to uncover such defects. When a product is rendered unreasonably dangerous because of its design or lack of warning, however, a Maine court will balance the risk posed by the product against its utility in determining whether the product was “defective.”
If you have been injured by an unreasonably dangerous product, it is the company that manufactured and sold the dangerous product that should be responsible for your damages, not you. As a consumer you are entitled to products that are safe for their intended use. The product attorneys at Briggs & Wholey have experience and expertise in representing clients who have been injured by dangerous and defective products.