Types of Product Defects
Product liability claims generally arise from three kinds of defects: design defects that make a product unreasonably dangerous even when made correctly, manufacturing defects that occur during production, and marketing defects such as missing or inadequate warnings and instructions. Defective auto parts, tires, machinery, tools, appliances, children's products, medical devices, and pharmaceuticals can all cause serious harm.
Because these products are designed and made by sophisticated companies, proving a defect typically requires technical and engineering analysis, retention of the product as evidence, and often expert testimony.
Who Can Be Held Liable
Vermont law allows an injured person to pursue manufacturers, distributors, and sellers in the chain of distribution for harm caused by a defective product. A successful claim shows that the product was defective, that the defect made it unreasonably dangerous, and that it caused the injury while being used as intended or in a reasonably foreseeable way.
Preserving the product itself is often crucial — once it is repaired, discarded, or returned, proving the defect becomes far harder. Acting quickly to secure the evidence protects your case.
Pursuing a Product Liability Claim
Damages may include medical expenses, lost income, and compensation for pain and lasting harm; in cases of egregious corporate conduct, punitive damages may be available. The general three-year deadline under 12 V.S.A. § 512 applies. Given the technical proof involved, early legal involvement is important.
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Frequently Asked Questions
Nothing upfront. Our network attorneys work on contingency, so you pay no fee unless they recover compensation for you. The case review is always free.
Generally three years from the date of injury under 12 V.S.A. § 512. Claims involving a government entity under the Vermont Tort Claims Act can have shorter notice deadlines, so it is important to act quickly.
Vermont's modified comparative negligence rule (12 V.S.A. § 1036) lets you recover as long as you were not more than 50% at fault. Your compensation is reduced by your share of fault.
This page is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Vermont attorney.