Parent's Product Liability & CUTPA Claims Upheld in Toxic Furniture Lawsuit
by
Joseph C. Maya on Apr. 28, 2017
Accident & Injury Products Liability Accident & Injury Household Mold Lawsuit & Dispute Lawsuit
Summary: Blog post about a case involving products liability claim caused by a piece of toxic furniture.
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In the case of Stefan v. P.J. Kids, LLC., parents sued a children’s bedroom furniture manufacturer when it was discovered that said furniture contained formaldehyde. 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. In Connecticut, product liability claims are usually joined with claims under the Connecticut Unfair and Deceptive Trade Practices Act (CUTPA), which allege deceptive conduct on behalf of the manufacture, such as hiding dangerous defects.
The manufacturers move for summary judgment regarding claims under CUTPA, because they regard injuries that would be addressed and compensated under the Connecticut Products Liability Act. The court rejected the manufacturer’s argument, because the parents were claiming financial injury caused by the manufacturer’s deceptive and unfair practices. The product liability claims, on the other hand, sought compensation for personal injuries that had resulted from their child’s exposure to formaldehyde. In addition, the court ruled that punitive damages could be awarded for the “reckless indifference” the manufactures displayed for the rights of others.
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: Stefan v. P.J. Kids, LLC, 2005 Conn. Super. LEXIS 637 (Conn. Super. Ct. Mar. 1, 2005)
