Helena, MontanaHelena Product Liability
Helena Product Liability Lawyers: Defective Products, Dangerous Machinery and Recalled Products in Lewis and Clark County
Boland Aarab PLLP.
If a defective product injured you or a family member in Helena, the manufacturer and sellers can be held strictly liable without proof that they were careless. Most product cases against out-of-state manufacturers end up in the federal Helena Division at the Hatfield Courthouse. Keep the product, and act promptly: Montana has a 10-year statute of repose.
Key Takeaways
- A seller of a product in a defective condition unreasonably dangerous to the user is liable for the physical harm it causes, even if it “exercised all possible care” (§ 27-1-719, MCA).
- A seller may defend on the ground that the case was not filed within 10 years of the product’s first sale, with specific exceptions (§ 27-1-719(6)(b)).
- Out-of-state manufacturers often remove Helena cases to the U.S. District Court’s Helena Division, which covers Lewis and Clark, Jefferson, Broadwater, Meagher and Powell Counties (D. Mont. L.R. 1.2).
Hurt by a defective product? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What defective-product injuries do we see in the Helena area?
The products that hurt people around Helena reflect how people here live and work.
Winter heating and cold-weather equipment. Helena winters are long, and furnaces, space heaters, wood and pellet stoves, generators and block heaters run for months. A defective gas valve, a heater that ignites nearby fabric, or a generator or furnace that vents carbon monoxide into a home can cause burns, fires and poisoning. Snow blowers with failed safety controls cause hand and finger injuries every season.
Valley and ranch equipment. The Helena Valley and the surrounding county still include hay ground, small acreages and ranches. Tractors, mowers, balers, augers and power take-off shafts without adequate guarding cause crush injuries and amputations. Older equipment is common, which is why the 10-year repose rule, discussed below, matters here.
Recreation. Helena is minutes from Canyon Ferry, Hauser and Holter Lakes, the Helena-Lewis and Clark National Forest and the Great Divide ski area. Boats, personal watercraft, off-road vehicles, e-bikes, climbing and hunting gear, and helmets all fail in ways that can support a defect claim.
Vehicles and parts. Tires, airbags, seat belts, steering and brake components are defect cases that often begin as ordinary crashes on I-15, US-12 or US-287.
Workplace machinery. A Helena worker hurt by a defective saw, lift, ladder or press has a workers’ compensation claim against the employer and may also have a third-party product claim against the manufacturer, which workers’ compensation does not bar (§ 39-71-412, MCA). Our work is on the product claim.
What happens after a product injury in Helena?
Get care and keep the product. Serious injuries are usually treated first at St. Peter’s Health in Helena, which DPHHS designates a State Area Trauma Hospital. Severe burns and some complex injuries are often transferred out of the area. Meanwhile, the product itself is the most important evidence. Do not repair it, throw it away or send it to the manufacturer. If a fire department, towing yard, landlord, employer or insurer has it, a written preservation demand should go out right away.
Report it. For a vehicle, the Helena Police Department, the Lewis and Clark County Sheriff’s Office or the Montana Highway Patrol, depending on where the crash happened. For a house fire, the fire department that responded. For consumer products, the U.S. Consumer Product Safety Commission accepts reports, and NHTSA takes vehicle complaints. Those reports, and other people’s, can later show the manufacturer knew about a problem.
Where the case goes. A product case over a Helena injury can be filed in the First Judicial District Court at the Lewis and Clark County Courthouse, 228 Broadway (§ 3-5-101(1), MCA). Montana’s venue statute allows a case against an out-of-state corporation to be filed where the injury happened or where the plaintiff lives (§ 25-2-122, MCA). In practice, most manufacturers are incorporated elsewhere and remove the case to federal court. For Helena, that means the Paul G. Hatfield Federal Courthouse at 901 Front Street. Montana product law still applies there, including its bar on “state of the art” evidence in strict-liability cases (Sternhagen v. Dow Co., 935 P.2d 1139 (Mont. 1997)), which itself came from a question the federal court in Montana certified to the Montana Supreme Court.
Montana law that applies
In short: Montana recognizes manufacturing, design and warning defects. The manufacturer, component makers and sellers can be liable, but a retailer or distributor that did not make the product may be dismissed unless a statutory exception applies, such as the manufacturer being unidentifiable, beyond the court’s reach or bankrupt. Defenses include unreasonable use of a known defect, unreasonable misuse and comparative fault, which generally reduce rather than bar recovery (§ 27-1-719(4)-(5); § 27-1-702, MCA). The 10-year repose period has exceptions, including knowing concealment, certain government-mandated recalls, and latent respiratory disease or cancer. Injury claims generally must be filed within 3 years (§ 27-2-204, MCA). The statewide Montana product liability lawyer page explains defect types, recalls and defenses in detail.
Why hire a Great Falls firm for a Helena case?
Because the other side in a product case is usually a national manufacturer with national defense counsel and in-house engineers, and the case is usually in federal court. We are based in Great Falls, handle cases statewide, and our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana. We travel to Helena for product inspections, depositions, hearings and trial at the Hatfield Courthouse. We do not have a Helena office; you work directly with the attorneys.
The Boland Aarab Way
- We know federal and appellate court. More than 40 cases in the District of Montana, and Samir Aarab has argued twice before the Ninth Circuit. The Boland Aarab appellate record reaches back to 1977.
- We try cases. Our firm has tried more than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and our attorneys have spent more than 4,000 hours in the courtroom.
- We protect verdicts. The Montana Supreme Court reinstated our client’s $168,500 jury verdict in Voegel v. Salsbery, 2023 MT 137.
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves.
We also handle burn injury cases in Helena, ATV and UTV accidents in Helena and other Helena personal injury cases.
Frequently Asked Questions
Will my Helena product case be in state or federal court? It can be filed in the First Judicial District Court, but manufacturers incorporated outside Montana often remove it to the federal Helena Division at the Hatfield Courthouse. Montana product law applies in either court.
A space heater started a fire in my Helena home. What should I do? Get medical care, keep the heater and its remains, and ask the fire department and your insurer not to discard anything. Talk with a lawyer before anyone “tests” the product.
My tractor or baler is more than 10 years old. Is a claim barred? Not necessarily. Montana’s 10-year repose rule has exceptions, including knowing concealment and certain recalls (§ 27-1-719(6)(b), MCA). Have it reviewed promptly.
I was hurt by a machine at work in Helena. Can I sue the manufacturer? Yes. A claim against the maker of a defective machine is a third-party claim that can proceed alongside workers’ compensation (§ 39-71-412, MCA).
Can I sue the Helena store that sold the product? Sometimes. A seller that did not make the product may be dismissed unless an exception in § 27-1-719 applies, such as when the manufacturer cannot be identified or brought into court.
Talk to a Helena Product Liability Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Sources: § 27-1-719, MCA · § 27-1-702, MCA · § 27-2-204, MCA · § 25-2-122, MCA · § 39-71-412, MCA · § 3-5-101, MCA · Sternhagen v. Dow Co. (1997) · D. Mont. L.R. 1.2 · U.S. District Court, Helena
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
