Quick Answer: Do I have a product liability case?
If a product failed during normal use and caused injury, you likely have a case. Unlike other injury claims, product liability uses strict liability—you don't need to prove the manufacturer was negligent, only that the product was defective.
Three Types of Product Defects
Product liability law recognizes three categories of defects:
Design Defects
The product was designed in a way that makes it inherently dangerous, even when manufactured correctly.
Manufacturing Defects
An error during production made this specific unit defective, even if the design was safe.
Warning Defects
The product lacked adequate warnings or instructions about known risks.
Products We Litigate
- Automotive defects: Faulty airbags, brakes, tires, and seatbelts.
- Medical devices: Failed implants, defective surgical tools, IVC filters.
- Pharmaceuticals: Dangerous drugs with undisclosed side effects.
- Industrial equipment: Machinery that lacks proper guards or safety features.
- Consumer products: Exploding batteries, faulty appliances, children's toys.
- Oilfield equipment: Failed blowout preventers, drilling equipment defects.
Strict Liability Advantage
In Oklahoma, product liability cases benefit from strict liability. This means:
- You don't need to prove the manufacturer was negligent.
- You only need to prove the product was defective when it left the manufacturer.
- The defect caused your injury during normal or foreseeable use.
Case Criteria
- Serious Injury: Significant medical treatment, surgery, or permanent damage.
- Product Preserved: Ideally, you still have the defective product.
- Normal Use: Injury occurred during intended or foreseeable use.