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A personal injury lawyer from Oklahoma sifts through the details of the state’s defective product liability laws and what to do in such events.
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June 30, 2017 A Personal Injury Lawyer in Oklahoma Discusses the State’s Law on Defective Product Liability Picture this: you’ve happily spent half of your life savings on a brand-new car. You excitedly take it for a spin, only to find too late that the brakes are not working properly, leading you to a motor vehicle accident. After the regret of buying that lemon of a car, the next thing that enters your mind would be this question: who should be held responsible, the seller or the manufacturer? 1
For individuals in Oklahoma, hiring a seasoned personal injury lawyer can help clarify things and help you strategize your next move. State laws grant you the privilege to get properly compensated for all the injuries and damages you have sustained by unknowingly using a defective product. Oklahoma’s Defective Products Liability Statute Like in other states, Oklahoma has its own state laws that helps consumers in dealing with a defective product. The word ‘product’ is not limited to motor vehicles, though: it also applies to any product that had caused physical injury or damage to property due to a defect. That defect might be a manufacturer’s fault or might have been caused by a seller’s negligence. As such, the plaintiff can also be a non-user or non-consumer of the defective product (i.e. innocent bystanders) who inadvertently suffered an injury due to the defective product. The most cited case illustrating this is the Moss v. Polyco, Inc. claim, where the plaintiff suffered chemical burns after a plastic container of drain cleaner fell from a restaurant’s bathroom shelf and its contents spilled on her as she was walking by. The point is, anybody who have been directly and physically injured in an incident involving a defective product, along with their immediate families, can potentially claim a defective product suit. Recent Revisions on the Law Many manufacturers, however, have been slapped with lawsuits despite following federal regulations. To answer this, recent changes have provided some kind of protection for manufacturers and sellers against product liability lawsuits in the form of House Bill 3365. 2
Signed in mid-2014 by Governor Mary Fallin, this bill allows the manufacturers to invoke the presumption of having no legal liability on any resulting injury if they can show compelling proof that they have followed federal regulations to the letter. However, the relatively new law does not apply for products that have manufacturing defects or has been on either voluntary or federal recall. The HB 3365 also extends a stronger defense for sellers. It assumes that they are innocent by default, unless there is proof that the seller has control of the product design, manufacturing, labeling, testing, and packaging. The seller can also be held responsible if the product sold is already beyond the manufacturer’s warranty. The existing laws, along with the recent revisions, can be complicated for any self-studying potential claimant to understand. If you find yourself injured by a defective product, you need to contact a lawyer immediately to start your journey in obtaining just compensation. About Little, Oliver & Gallagher: Our firm consists of three highly skilled and experienced personal injury lawyers: Dan Little, Steve Oliver, and Scott Gallagher. Together, we provide an open and honest legal representation that’s the best in the state of Oklahoma. Many satisfied clients have benefitted from our combined experience and knowledge of the law. Sources: ENROLLED HOUSE BILL NO. 3365 By: Echols, Turner and McCullough of the House and Loveless of the Senate, OpenStates.org Products Liability Law: An Overview, Cornell.edu 3
