Consumer Protection

Companies often create products designed to make consumers’ lives better. Whether it’s efficient new lawn equipment, medical devices that can restart your heart, or automobiles that help minimize injuries in a wreck, consumers believe these products are safe to use. If you were injured due to a product that didn’t perform as advertised or expected, a product dispute attorney at RMK Law in Billings, MT, can help you understand your legal options.

Brands consistently vie for the attention and purchasing power of their target audience. Marketing and advertising are powerful tools that go hand in hand to enable this process. Marketing helps define products, determine the need and the best audience for them, and advertising involves developing the message needed to bring products to the audience’s attention. The Consumer Protection Act and various other state and federal consumer protection regulations are designed to protect you from deceptive advertising tactics, regardless of what media delivers the message.

Statutes prohibiting false or fraudulent advertising state that consumers are entitled to know what they are purchasing and everything it entails, including the amount being charged. Companies must comply with these regulations when advertising their products in Billings, MT. There are several types of false or fraudulent advertising:

Companies want to present their products in the best possible light to their current and potential customers. Consumers rely on the information companies provide to make the most informed purchase decision. Unfortunately, when information about a product is false, not only does the consumer feel duped, but it can result in harm, creating product liability issues.

Some companies rush through development to bring products to market faster, while others may know there may be risks but decide the benefits outweigh them. Both situations can have devastating consequences. Product litigation in Billings, MT, based on defects, requires multiple elements:

Companies can be held accountable for several types of defective products.

Although created per manufacturer specifications, design defects exist when there is an inherent flaw in its design. The defects can make it dangerous to consumers. Unlike a manufacturing defect, all products contain the same danger. Even if it is hazardous in some way doesn’t mean that the supplier or manufacturer is liable for damages. Examples of design defects include:

You must prove that the product is unreasonably dangerous for a design defect case. In some cases, you may have to show a reasonable alternative design that was feasible and not in opposition to the products’ function could have been used instead.

Among the most common product liability claims, manufacturing defects arise when a problem stems from how a product is manufactured, and it causes an injury. The product has a flaw due to an error in the way it was made, such as a glitch in the equipment that created it. This differs from a design defect in that the flaw may cease when the equipment is corrected. Examples of manufacturing defects include:

In situations where the specifications are appropriate, but the product was not made according to those requirements, you may have grounds for a product liability claim.

When you first open packaging that contains a product, you may notice several brightly colored safety warnings, stickers, and labels. Companies are responsible for disclosing the hazards and potential risks that a consumer may not discover through ordinary, recommended use of a product. If a company knows that there is a chance their product may fail in some way, they must be one step ahead of the problem and ensure you are aware of the consequences of a failure. These are often called marketing defects.

Examples of marketing defects include:

Failure to warn or adequately instruct in the use of hazardous products in a way that is not clear to the consumer can have severe consequences. Pharmaceutical products are often involved in these types of cases.

Products that cause harm to consumers often become the subject of product litigation. These cases refer to the company, manufacturer, or seller being held liable for the hazardous product. Claims can be based on negligence, strict liability, or breach of warranty of fitness, depending on the details of the case.

When the manufacturer or another party in the supply chain fails to act with reasonable care to ensure a product is developed and produced with the consumers’ safety in mind, they may leave themselves open to a negligence claim. The higher the risk of injury associated with a product, the greater duty of care is owed.

Montana has some of the country’s strongest consumer protection laws. Under this type of liability, the manufacturer is liable for all damages and injuries caused by defective products deemed unreasonably hazardous. To bring a claim, you don’t need to show that the manufacturer breached the duty of care.

When consumers purchase a product, it guarantees that it will perform in a specific way or meet particular standards. Types of warranties include implied warranty of merchantability, implied warranty of fitness, and express warranty. The Uniform Commercial Code governs the two implied warranties. They both have statements that manufacturers and sellers provide goods that satisfy quality standards and perform as expected.

If you were injured despite using a product as directed, the type of claim you file depends on your case’s unique circumstances, and several arguments may be effective in swaying the court to rule in your favor. The RMK Law team of attorneys has in-depth knowledge and understanding of the complex personal injury and product liability laws and holding manufacturers responsible for unlawful practices. Contact our law office to schedule a time to go over your case. Our lawyers can assess the situation and determine the best course of action to help you get the maximum compensation for your injuries. You can also reach out to us by calling (406) 601-1400 for a consultation and counsel.

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