Rhode Island Product Liability Lawyers Holding Companies Liable for the Injuries Caused By Their Products

What Is Product Liability Law in Rhode Island?

Product liability law in Rhode Island holds manufacturers, designers, distributors, and retailers legally responsible for injuries caused by defective or dangerous products. This area of law allows consumers to seek compensation when products fail to meet reasonable safety expectations or cause harm due to design flaws, manufacturing defects, or inadequate warnings. Product liability cases protect consumers by ensuring companies are held accountable for the safety of products they place in the marketplace.

How Many People Are Injured by Defective Products Each Year?

Thousands of people and millions of consumers are injured annually due to faulty and defective products across the United States. The Consumer Product Safety Commission (CPSC) estimates that consumer products are associated with over 15 million injuries treated in hospital emergency rooms each year. These injuries range from minor cuts and bruises to catastrophic injuries and wrongful deaths. When product recalls occur, they help remove dangerous items from the market, but many injuries happen before manufacturers realize their products are defective.

Types of Product Defects in Rhode Island Cases

Product liability claims typically involve one of three types of defects, each requiring different approaches to prove manufacturer responsibility.

Design Defects

Design defects exist when products are inherently dangerous due to flawed design concepts, making all products in a particular line potentially hazardous. These defects occur during the planning and design phase before manufacturing begins.

Common design defect examples include:

• Automotive defects: Vehicles prone to rollovers, brake failures, or fire hazards
• Medical devices: Implants or equipment with inherent safety flaws
• Children's products: Toys or furniture with choking hazards or tip-over risks
• Appliances: Products susceptible to overheating, electrical fires, or explosions
• Power tools: Equipment lacking proper safety guards or controls

Manufacturing Defects

Manufacturing defects occur when products are properly designed but errors during production create dangerous conditions. These defects typically affect only some units within a product line.

Common manufacturing defect examples include:

• Contaminated medications: Drugs tainted during production processes
• Faulty automotive parts: Improperly assembled brakes, steering components, or airbags
• Defective food products: Contamination with harmful bacteria or foreign objects
• Electronics: Devices with improper wiring or component installation
• Construction materials: Weakened structural components due to production errors

Marketing Defects (Failure to Warn)

Marketing defects involve inadequate instructions, warnings, or labels that fail to inform consumers about proper use or potential dangers. Even properly designed and manufactured products can be dangerous without appropriate warnings.

Common marketing defect examples include:

• Prescription medications: Insufficient warnings about side effects or drug interactions
• Chemical products: Inadequate safety instructions for household or industrial chemicals
• Machinery: Missing operating instructions or safety warnings
• Consumer electronics: Insufficient warnings about electrical hazards or proper use
• Recreational equipment: Inadequate safety instructions for sports equipment or vehicles

Who Can Be Held Liable in Product Liability Cases?

Rhode Island product liability law recognizes that multiple parties in the distribution chain may share responsibility for defective product injuries, allowing victims to pursue claims against various defendants.

Product Manufacturers

Manufacturers bear primary responsibility for ensuring their products are safe for intended use. This includes companies that design, produce, assemble, or process products before they reach consumers.

Component Part Manufacturers

Companies that manufacture individual components or parts used in finished products can be liable when their components cause injuries, even if they didn't manufacture the final product.

Distributors and Wholesalers

Businesses that distribute products from manufacturers to retailers may share liability, particularly when they're aware of safety issues or modify products during distribution.

Retailers and Sellers

Retail stores, online sellers, and other businesses that sell products directly to consumers can be held liable under strict liability principles, even if they weren't negligent in selling the product.

Product Designers

Independent design firms or consultants who create product specifications may be liable for design defects that cause injuries.

Testing and Certification Companies

Third-party companies that test products for safety or provide certifications may be liable if they negligently approve dangerous products.

What Types of Product Liability Cases Do We Handle?

Our Rhode Island product liability attorneys have experience with a wide range of defective product cases that cause serious injuries to consumers.

Pharmaceutical and Medical Device Cases

• Dangerous medications: Prescription drugs with undisclosed side effects or contamination
• Defective medical implants: Hip replacements, pacemakers, or surgical mesh with design flaws
• Faulty medical equipment: Devices that malfunction during critical medical procedures
• Over-the-counter medications: Pain relievers, supplements, or treatments with harmful ingredients

Automotive Product Defects

• Vehicle design flaws: Cars prone to fires, rollovers, or structural failures
• Defective auto parts: Faulty brakes, steering systems, airbags, or tires
• Motorcycle defects: Design flaws that increase accident risks or injury severity
• Commercial vehicle issues: Defective trucks, buses, or construction equipment

Consumer Product Cases

• Unsafe children's toys: Products with choking hazards, toxic materials, or sharp edges
• Defective cribs and furniture: Products that collapse, tip over, or have entrapment hazards
• Household appliances: Devices that overheat, catch fire, or cause electrical injuries
• Power tools and equipment: Tools lacking proper safety features or prone to malfunction

Food and Beverage Contamination

• Bacterial contamination: Products infected with E. coli, salmonella, or other pathogens
• Foreign object contamination: Food containing glass, metal, or other dangerous materials
• Chemical contamination: Products tainted with pesticides, cleaning agents, or industrial chemicals
• Allergen mislabeling: Products failing to disclose presence of common allergens

Industrial and Commercial Products

• Defective machinery: Manufacturing equipment, construction tools, or industrial systems
• Chemical products: Industrial chemicals with inadequate safety warnings or containers
• Safety equipment: Personal protective equipment that fails to provide adequate protection
• Commercial vehicles: Delivery trucks, work vehicles, or specialized equipment

What Compensation Can Product Liability Victims Recover?

Rhode Island product liability law allows injured consumers to seek comprehensive compensation for their losses, with amounts depending on injury severity, product defect type, and long-term impact on victims' lives.

Economic Damages

These cover measurable financial losses resulting from defective product injuries:

• Medical expenses: Emergency treatment, hospitalization, surgery, rehabilitation, prescription medications, and ongoing medical care
• Lost wages: Income lost during recovery and reduced earning capacity from permanent disabilities
• Future medical costs: Lifetime treatment needs, assistive devices, and specialized care
• Property damage: Replacement costs for damaged personal belongings or real property
• Loss of earning capacity: Reduced ability to earn income due to permanent impairments

Non-Economic Damages

These compensate for intangible losses that significantly impact quality of life:

• Pain and suffering: Physical discomfort, emotional distress, and mental anguish from injuries
• Loss of enjoyment of life: Inability to participate in previously enjoyed activities and hobbies
• Emotional trauma: Anxiety, depression, and psychological effects from the incident
• Disfigurement and scarring: Permanent changes to physical appearance affecting self-esteem
• Loss of consortium: Impact on relationships with spouses and family members

Punitive Damages

In cases involving particularly reckless conduct, such as companies knowingly selling dangerous products or covering up safety issues, Rhode Island courts may award punitive damages to punish defendants and deter similar behavior.

How Do You Prove a Product Liability Case in Rhode Island?

Successful product liability claims require establishing specific legal elements that demonstrate the product was defective and caused the victim's injuries.

Product Was Defectively Designed, Manufactured, or Marketed

Plaintiffs must prove the product contained one of the three types of defects: design flaws, manufacturing errors, or inadequate warnings/instructions.

Product Was Unreasonably Dangerous

The product must have been more dangerous than an ordinary consumer would expect when used as intended or in a reasonably foreseeable manner.

Defect Caused the Injury

There must be a direct causal connection between the product defect and the victim's injuries, proving the defect was the proximate cause of harm.

Product Was Used as Intended

The victim must have been using the product for its intended purpose or in a reasonably foreseeable way when the injury occurred.

Product Was Substantially Unchanged

The product must not have been significantly altered or modified from its original condition when it left the manufacturer's control.

Strict Liability vs. Negligence in Product Liability Cases

Rhode Island recognizes both strict liability and negligence theories in product liability cases, each offering different advantages depending on case circumstances.

Strict Liability

Under strict liability, manufacturers and sellers can be held responsible for defective products regardless of whether they exercised reasonable care. This theory focuses on the product's condition rather than the defendant's conduct, making it easier for plaintiffs to recover compensation.

Advantages of strict liability:

• No need to prove the defendant was negligent or acted unreasonably
• Focus remains on product defects rather than defendant's behavior
• Applies to all parties in the distribution chain
• Protects consumers who lack technical knowledge about product manufacturing

Negligence

Negligence claims require proving the defendant failed to exercise reasonable care in designing, manufacturing, testing, or marketing the product.

Elements of negligence in product liability:

• Defendant owed a duty of care to consumers
• Defendant breached that duty through unreasonable conduct
• The breach caused the plaintiff's injuries
• Plaintiff suffered actual damages

Common Defenses in Product Liability Cases

Understanding typical defense strategies helps prepare stronger cases and counter insurance company and manufacturer tactics.

Product Misuse

Defendants often claim victims used products in unintended ways that caused their injuries. However, this defense fails when:

• The misuse was reasonably foreseeable by the manufacturer
• Adequate warnings could have prevented the misuse
• The product should have been designed to prevent foreseeable misuse

Assumption of Risk

Manufacturers may argue victims voluntarily assumed known risks associated with product use. This defense requires proving:

• The victim had actual knowledge of the specific risk
• The victim voluntarily chose to encounter the risk
• The assumption was unreasonable under the circumstances

Comparative Negligence

Rhode Island's comparative negligence law allows defendants to claim victims contributed to their own injuries through careless behavior, potentially reducing but not eliminating compensation.

Statute of Limitations

Product liability claims in Rhode Island must generally be filed within three years of injury discovery, though certain circumstances may affect these deadlines.

Statute of Repose

Rhode Island has a statute of repose that may bar claims filed more than ten years after product sale, regardless of when injuries occurred or were discovered.

How Kirshenbaum & Kirshenbaum Investigates Product Liability Cases

Comprehensive Product Analysis

We begin by thoroughly examining the defective product, documenting its condition, identifying potential defects, and preserving crucial evidence before it can be altered or destroyed.

Manufacturing and Design Review

Our investigation includes analyzing product design specifications, manufacturing processes, quality control procedures, and safety testing to identify where failures occurred.

Regulatory and Recall Research

We research whether products have been subject to recalls, safety warnings, or regulatory actions that support claims of defectiveness.

Expert Consultation

Complex product liability cases require specialized knowledge from qualified experts including:

• Engineering experts who can analyze design and manufacturing defects
• Medical professionals who explain injury causation and long-term prognosis
• Industry specialists who understand relevant safety standards and practices
• Economic experts who calculate lifetime financial impacts

Similar Incident Investigation

We investigate whether similar products have caused comparable injuries to other consumers, strengthening claims of defectiveness and manufacturer knowledge.

Document Discovery

Our legal team obtains internal company documents, including design files, safety testing results, customer complaints, and correspondence that may reveal knowledge of defects.

Why Product Liability Cases Require Specialized Legal Expertise

Complex Technical Analysis

Product liability cases often involve complicated engineering, manufacturing, and scientific concepts requiring specialized knowledge to understand and present effectively.

Corporate Defendant Resources

Product manufacturers typically have substantial resources and experienced legal teams dedicated to defending against liability claims, requiring equally skilled plaintiff representation.

Extensive Discovery Process

These cases involve extensive document review, expert depositions, and complex procedural requirements that demand experienced legal handling.

Regulatory Compliance Issues

Understanding relevant safety regulations, industry standards, and compliance requirements is crucial for identifying manufacturer violations and building strong cases.

Why Choose Kirshenbaum & Kirshenbaum for Your Product Liability Case?

Over 75 Years of Experience

For more than 75 years, Kirshenbaum & Kirshenbaum has been working with clients in personal injury law, including complex product liability cases. Our extensive experience provides valuable insights into effective case strategies and manufacturer defense tactics.

Proven Track Record

We have successfully represented numerous product liability victims, securing substantial settlements and verdicts that hold negligent companies accountable and provide for victims' long-term needs.

No Upfront Costs

Our contingency fee structure means you pay no attorney fees unless we recover compensation for your case. This ensures access to quality legal representation regardless of your financial situation.

Comprehensive Case Development

We leave no stone unturned in investigating product defects, working with qualified experts, and building the strongest possible cases against manufacturers and other responsible parties.

Consumer Protection Focus

We believe it's important that dangerous product incidents aren't repeated. Our work holds companies accountable for distributing dangerous products and helps protect other consumers from similar harm.

Local Knowledge with National Reach

As Rhode Island attorneys, we understand state product liability laws and local court procedures, while also having experience with national manufacturers and complex multi-jurisdictional cases.

What to Do If You're Injured by a Defective Product

Immediate Steps

1. Seek medical attention immediately, even if injuries seem minor
2. Preserve the product in its post-incident condition without cleaning or repairing
3. Document the scene with photographs showing the product and accident location
4. Keep all packaging, instructions, and receipts related to the product purchase
5. Report the incident to relevant authorities if required
6. Avoid giving statements to manufacturer representatives or insurance companies

Follow-Up Actions

• Maintain detailed records of all medical treatment and expenses
• Document how injuries affect daily activities and work capabilities
• Research whether the product has been recalled or linked to other incidents
• Contact an experienced product liability attorney promptly
• Avoid disposing of the product or related evidence

Important Time Considerations

Rhode Island's statute of limitations requires filing product liability lawsuits within three years of injury discovery. However, the statue of repose may bar claims filed more than ten years after product sale, making prompt legal consultation essential.