Can I Sue for a TBI Caused By a Defective Product or Medical Device?

Can I Sue for a TBI Caused By a Defective Product or Medical Device?

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Traumatic brain injury is a serious condition that often results from a forceful impact on the head. TBI can cause lasting physical, cognitive, and emotional impairments, and in some cases, death. If you or a loved one has sustained a TBI as a result of a defective product or medical device, you may wonder whether you’ll have a valid claim against the product’s designer or manufacturer. Read on and reach out to a dedicated Connecticut brain injury lawyer from Casper & de Toledo to learn more.

Common Examples of Defective Products/Medical Devices Resulting in TBI

While some common causes of TBI are falls, motor vehicle crashes, sports injuries, and assaults, another potential source of TBI is defective products or medical devices. These are products or devices that are unreasonably dangerous or faulty due to a design defect, a manufacturing defect, or a failure to warn of potential risks. Examples of defective products or devices that can cause TBI include:

  • Helmets that do not provide adequate protection or fit properly
  • Airbags that fail to deploy, deploy too forcefully, or deploy without cause
  • Seatbelts that malfunction or break during a collision
  • Power tools that malfunction or lack proper safety features
  • Toys that contain sharp edges, small parts, or toxic materials
  • Pharmaceuticals that have harmful side effects or interactions
  • Medical implants or devices that malfunction, migrate, or cause infections

How do I know if I can sue for a TBI caused by a defective product?

If you or a loved one has suffered a TBI due to a defective product or medical device, you may be entitled to compensation for your medical expenses, lost income, pain and suffering, and other damages. Under Connecticut law, you can file a product liability claim against the manufacturer, seller, distributor, or any other party involved in the chain of commerce of the defective product or device. You do not need to prove negligence or fault; you only need to show that the product or device was defective and that it caused your injury. As one caveat though, if the injury arises in the workplace, there is a statute of repose that bars product liability claims for injuries caused by defective products more than ten years after the date of manufacture.

As long as your personal injury claim is successful, you should receive compensation to help you cope with some of the damages you’ve incurred as a result of the accident, including the following:

  • Pain and suffering from your injuries
  • Emotional trauma or anguish
  • The cost of past and future medical bills
  • The cost of past and future lost wages

If you have any additional questions, or you believe you have a valid TBI claim, please don’t hesitate to contact Casper & de Toledo for guidance today. We are here to fight for you, every step of the way.