Exploring Product Liability in Montana

According to the FDA website, there have been over 50 product recalls, market withdrawals, and safety alerts made by companies in May of 2016 alone. Companies in the United States are being held responsible for their negligence and endangerment to the public. With so many recalls happening every day, it’s important to stay informed on recent product recalls, knowing how to handle yourself in the case of an emergency and how to file and get the most out of your product liability claim.

One of the worst product recalls in US history involved Firestone tires that were produced in the year 2000. According to the Wall Street Journal, 6.5 million tires were recalled that year. The treads on the tires had a tendency to break and peel off which ultimately caused roughly 700 injuries and 175 deaths.

Montana law recognizes the right of consumers to purchase and use products with the expectation that they are safe. According to section 27-1-719 of the Montana code “A person who sells a product in a defective condition unreasonably dangerous to a user or consumer or to the property of a user or consumer is liable for physical harm caused by the product to the ultimate user or consumer or to the user’s or consumer’s property.”

In Missoula, Montana, a jury compensated eighteen construction workers 7.49 million dollars after a faulty heating system malfunctioned and leaked carbon monoxide into their dormitory while they were asleep in Anaconda, MT. The leak caused the workers to suffer long-term brain damage. The Texas manufacturer and the Missoulian company who installed the heating system were found liable by the Montana jury.

Montana’s Strict Liability Law

Montana’s strict product liability law contains some of the strongest consumer protections for users of defective products in the United States. Montana law forces companies who do business in Montana to create safer products. Under Montana’s strict liability law, the liability for a defective product is determined by evaluating the dangerousness of the product, rather than the conduct of the corporation. In other words, just because the dangerous product met industry standards, does not save the company from liability for the injuries it causes to Montana consumers.  

If a product is unreasonably dangerous and causes personal injury, you may have the right to file a Montana product liability lawsuit and collect damages for past and future medical bills, physical and emotional pain and suffering, loss of established course of life, and loss of earning capacity.

When a large multi-national company is accused of selling faulty products, they mount furious defenses that only an experienced product liability lawyer can overcome. Hoyt & Blewett PLLC strongly believes in the importance of product safety and is prepared to hold manufacturers of defective or dangerous products accountable for the injuries and damages they cause to Montana consumers. If you are the victim of a faulty product caused by corporate negligence and feel you have a strong case, contact our Montana Law Office for a free case evaluation today.