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There are three common elements to all product liability lawsuits, regardless of the legal theory that the lawsuit is brought under. The lawsuit must involve a product, the product must be found to be defective, and the product defect must be found to be the proximate cause of the injury.
In order to succeed on a claim for strict product liability, a plaintiff must show that: (1) the product was defective (2) when it left the defendant's hand, and that (3) the defect caused the plaintiff's injury.
Common Defects Leading to Liability Product liability is often brought on by one of three common defects: design, manufacturing or marketing. A design defect happens when there is a fundamental flaw in how a product was created, which meant it was always going to be harmful to the customer.
Montana law holds manufacturers, distributors, and sellers of defective products to strict liability standards. The victim may seek compensation for his or her injuries even if the victim contributed to the product's fault in some way.
Montana is a comparative negligence state. Under Montana law, a plaintiff's contributory negligence is a defense to negligence, but it does not completely bar the plaintiff's recovery. Peterson v. Eichhorn, 344 Mont.
For a product liability claim to succeed, the injured party typically has to prove: The product was defective or excessively risky. The defect directly resulted in injury or damage. The product was being used as intended or in a reasonably foreseeable manner.
More than one party can be held liable for the damages caused by a defective product. Apart from the manufacturer, the designer, the wholesaler, the retailer, and the other parties in the chain of distribution can be held liable for a product liability claim.
Montana law states you must file your claim within three years after you sustain an injury, or when the injury should have reasonably been discovered. By missing this deadline, known as the Statute of Limitations, you forfeit your right to obtain compensation for your injuries.