Product Liability Litigation

A product liability action alleges someone was injured from a product, and in Oklahoma, it can be based on a theory of negligence or strict liability. Regardless of the legal theory, these cases often involve complex scientific and factual issues, and the use of expert testimony is typically required to prove the existence of a defect and its causal link to an injury.

In Oklahoma, to prove a case of strict product liability, a plaintiff must generally establish three elements: (1) the product was the cause of the injury, (2) a defect existed when the product left the manufacturer’s control, and (3) the defect made the product unreasonably dangerous. While this legal theory is called “strict” liability, it does not mean the product manufacturer or seller is without defenses. Our experienced product liability team helps clients pursue the most effective defenses in these complex cases.

Generally, a commercial seller of a used product in Oklahoma is not liable for an alleged defect if the seller did not create the defect and the product was sold in essentially the same condition as when it was obtained for resale. Oklahoma also has “innocent seller” statutes that limit the circumstances in which even the original product seller may be held liable under either negligence or “strict” product liability legal theories.

A product liability action in Oklahoma is considered a tort action, which means it is subject to a two-year statute of limitations. The statute of limitations may be “extended” by one year if the initial action is filed before the limitation period expires and is then dismissed without prejudice. Different factual scenarios, such as the delayed “discovery” of sufficient information to bring a lawsuit, might further extend the limitations period.