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In the case of Childs v. Uplift Mobility Prods., an elderly woman sued a scooter and electric lift manufacturer for injuries sustained after falling from a scooter. The woman alleged that the manufacturer violated the Connecticut Products Liability Act (CPLA) because the scooter was defective and dangerous. Product Liability law varies by state. Generally, these rules hold manufacturers liable for placing defective products into hands of businesses and consumers. In the event a product has a latent defect or danger, the manufacturer may be held responsible for resulting injuries.
The woman received a scooter and electronic lift from the United States Veterans Administration. On June 15, 2007, the scooter was installed. Two days later, the woman attempted to operate the lift. After a “snapping noise” the chair fell hitting her face and body. She sustained injuries to her teeth, mouth, left arm and left knee. No disputes were made to the merits of the woman's product liability claim. However, the manufacturers moved to dismiss additional claims by the plaintiff for “deceptive trade practices,” on the allegation that they intentionally concealed the product defect. The court granted the manufacturer’s motion. Additional claims outside of CPLA cannot make a duplicate claim for injuries caused by the defective product. In other words, the woman cannot bring multiple lawsuits for the same injury. “The [woman] in this case allege solely personal injuries and recompense for injuries sustained solely by the defective product” said the court. “Because the plaintiff’s [additional claims] is based on personal injuries and does not fall outside the scope of the CPLA, it is barred.”
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Childs v. Uplift Mobility Prods., LLC, 2010 Conn. Super. LEXIS 309 (Conn. Super. Ct. Feb. 2, 2010)
