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Products Liability Archives

Don't fall victim to common accidents this summer

The days are long and the nights are warm again. It's summertime in Montana and everyone is eager to get outside and enjoy our beautiful, massive landscape. Accidents happen, though. Keep that in mind in the coming months when you're out at the grill, going off-road on the ATV or heading out for a weekend.

Polaris still struggling with recalls as riding season approaches

Although it may not feel like it with snow still on the ground, spring is on the way. Whether it comes in like a lion or a lamb in March, the rising temperatures mean favorite outdoor pastimes are within sight, and ATV and OHV riding is a popular pastime for many Montana residents.

Considering a settlement in your case

If and when you or someone in Bozeman that you care about is injured by a defective product, you may immediately assume that a large judgment is coming your way from the product's manufacturer. Many of those that we here at Cok Kinzler PLLP have worked with in the past who have suffered similar injuries share the same assumption. They quickly learned, however, that such cases are not always so cut-and-dry. 

Are product expiration dates required by law?

When you think of expiration dates on products, you most likely associate them with foods and beverages. You might not think twice about using a battery that has passed its expiration date, but drinking from a carton of month-old milk is another matter. The main reason why you avoid foods whose dates say that they have expired is to avoid them making you sick. Yet does product dating actually describe when foods go bad, and is it required by law

Defining the different types of product defects

Like all consumers in Bozeman, you buy a product believing that it will do that which it is intended to do. Sometimes you might have to suffer through the annoyance of it not working as well as you would like, yet your dissatisfication typically is not enough to support a liability claim against the manufacturer. However, as many of the clients that we here at Cok Kinzler PLLP have worked with have discovered, products can often go beyond annoying you to even causing harm to you and/or your loved ones. In order to assign liability, the harm caused in your case often has to be traced back to a defect with the product. 

What is Comment K?

Your willingness to use manufactured products is likely because of the assumption that their makers put a great deal of thought into their design and safe usage. Unfortunately, as many in Bozeman may have sadly learned, that is not always the case. Product recalls are constantly issued after defects in their design have proven to be harmful to consumers. Yet can you make a claim that a product has a design defect if it is already considered to present inherent risks?

Explaining the concept of privity of contract

The general assumption amongst most in Bozeman may be that if a company makes a product that, further down the line of the product's lifecycle, injures someone, then the manufacturer is ultimately responsible. That is what many of those who come to us here ay Cok Kinzler PLLP believe. If you or a family member have been injured due to a product defect, then you will likely want to know how far manufacturer liability goes in compensating cases such as yours.

Understanding the concept of market share liability

Most in Bozeman may assume that product liability cases generally play out as follows: One is injured by a product, then sues that product’s manufacturer. Yet what if one cannot identify a dangerous product’s exact manufacturer? Is he or she then left without any legal recourse?

Understanding implied warranties

Like many of those in Bozeman that we here at Cok Kinzler PLLP have worked with, you may believe that you are protected from any harm or damage that a product you own may cause through its warranty. Many products do indeed come with an express warranty, or promises written into a sales contract. However, not every aspect of a product’s performance may be covered under an express warranty. Does that mean you are not protected in circumstances not specifically addressed a warranty?

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35 North Bozeman Avenue
Bozeman, MT 59715

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