Defendant's Attorney: Christopher C. Voigt and Marina Tucker

Description: Billings, Montana personal injury lawyers represented the Plaintiff who sued the Defendants on product liability theories.

Montana's product liability law is a complex area with various nuances and recent changes. Here's a breakdown of key points:

Legal Theories:

Defective Product: A product is considered defective if it's unreasonably dangerous due to design, manufacturing, or lack of proper warnings.
Negligence: The manufacturer or seller breached their duty of care by creating or selling a defective product.
Strict Liability: Liability is imposed regardless of fault if the product is defective and causes harm.

Burden of Proof:

Plaintiff: Must prove the product was defective and caused their injury.
Manufacturer: Can defend by showing the product was not defective, complied with safety standards, or the plaintiff misused the product.

Recent Changes (May 2023):

Retailer Liability: Plaintiffs must prove an independent basis for suing a retailer, like altering the product or having their own warranty.
Compliance with Regulations: Complying with safety regulations creates a rebuttable presumption that the product is not defective.
Statute of Limitations: 3 years for personal injury claims from the date of injury or discovery.
Warranties: Stating a product's expected lifespan in a written warranty or advertisement changes the statute of limitations to 2 years after that period expires.

Additional Points:

Punitive damages are available in certain cases.
Montana follows a "comparative fault" system, meaning the plaintiff's own negligence can reduce their damages award.
Consulting an attorney familiar with Montana product liability law is crucial for navigating the complexities and maximizing your chances of success.

Resources:

Montana Code Annotated 27-1-719

Outcome: NOTICE by Picard Corporation, Inc. d/b/a Step Saver Transportation re 91 RESPONSE (Civil), 90 Application for Taxation of Costs Withdrawal of Objection (Voigt, Christopher) (Entered: 12/13/2023)

Plaintiff's Experts:

Defendant's Experts:

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