The Consumer Product Safety Commission reports that 31 million Americans experience injuries related to defective consumer products each year, and another 23,000 are killed. Product-related injuries kill more children than any disease.
When we purchase a product, we should be able to expect it to be safe to use, right?
Unfortunately, as shown in the report above, defective products cause significant injuries, financial losses, and emotional distress every day. If you’ve been harmed by a defective product in Kentucky, you may need a Louisville product liability lawyer to help you explore your legal options to seek compensation.
Understanding how product liability works and knowing when to reach out to an experienced attorney can make all the difference when pursuing justice and protecting your rights.
Thomas Law Offices is ready to help you take those next steps regarding your claim.
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Product Liabilities and Your Potential Claim
Product liability is an aspect of law that deals with the legal responsibility that manufacturers, distributors, suppliers, and retailers have to ensure the safety of their products. When a product proves to be defective or dangerous and causes consumers harm, all parties involved in the product’s supply chain may be held liable.
This area of law protects consumers and holds businesses accountable for placing dangerous products on the market.
Three main types of product defects typically lead to a product liability claim: design defects, manufacturing defects, and marketing defects. You’ll need to understand these categories to decide whether you have a valid claim.
- Design Defects: These happen when a product’s design is inherently dangerous or flawed, even before it’s manufactured. In these cases, every item produced using that design is considered hazardous, regardless of the standards by which it was manufactured.
- Manufacturing Defects: These defects occur when the product’s design may be safe, but something fails during the manufacturing process, creating a product that doesn’t match the original design and is dangerous. Children’s toys with small parts that detach more easily than they were designed to and now pose a choking hazard would be a manufacturing defect.
- Marketing Defects (Failure to Warn): These defects typically happen when a product lacks adequate or correct instructions or warnings regarding a potential risk. When a company doesn’t provide clear information regarding the potential dangers of using its product, it can be held liable for any injuries that occur because of those dangers, as in the case of a medication that doesn’t include warnings about potential side effects. That omission could be considered a marketing defect.
Who Can Be Held Liable in a Product Liability Case?
Identifying who’s responsible for a defective product is key to building a successful product liability case. This liability can include a variety of entities in the product’s manufacturing and distribution chain, including:
- Manufacturers: The product’s manufacturer can be held responsible, whether a giant corporation, a local business, or an individual craftsman.
- Distributors: Companies that distribute the product may also be liable if they knew about or should have known about a defect in the product.
- Retailers: Even when a retailer isn’t involved in the design or manufacturing process, they might be responsible for selling a defective product to consumers if they were aware of the danger themselves.
When you file a product liability claim, you typically seek compensation for medical expenses, lost wages, pain and suffering, and other economic and non-economic losses.
Proving Liability in a Product Liability Case
Proving product liability can be complex and difficult.
Unlike other types of personal injury claims, you don’t always have to prove that a company acted negligently. Instead, product liability claims often rely on the concept of “strict liability.”
To establish a strong case, you will typically need to show that:
- The product contained a defect that left it unreasonably dangerous.
- The defect already existed when the product left the defendant’s control.
- You were injured by this defect as a result of using the product in a reasonably foreseeable manner.
Gathering this type of evidence can be challenging, especially when dealing with large corporations that pay in-house legal teams to protect their interests. A skilled Louisville product liability lawyer has experience in these types of cases and can significantly impact your outcome.
How a Louisville Product Liability Lawyer Can Help
Hiring an experienced liability lawyer is a crucial step in managing the complexities of a product liability claim. They’ll investigate the details of your injury, gather related evidence, and build a compelling argument on your behalf.
- Conducting a Thorough Investigation: Your product liability attorney will investigate the defective product and gather the evidence necessary to support your claim. This could include getting expert testimony, reviewing safety reports and reviews, and studying the product’s design and manufacturing process.
- Identifying Liable Parties: Figuring out who’s responsible for your injuries can be complicated, especially for products with an extensive manufacturing and distribution chain. Your lawyer starts by identifying all potential defendants, from manufacturers to retailers, to improve your chances of receiving maximum compensation.
- Negotiating with Insurance Companies: Insurance companies are infamous for trying to minimize payouts in product liability cases. An experienced attorney knows how to negotiate effectively, making sure that you and your family get the compensation you deserve for your injuries, lost wages, and pain and suffering.
- Representing You in Court: When a fair settlement can’t be reached, your lawyer will take your case to court, using their understanding of the nuances of product liability law to give you a better chance for a favorable outcome.
Damages You Can Recover in a Product Liability Case
If a defective product has injured you, you could be entitled to compensation for a variety of damages, including:
- Medical Expenses: Compensation that covers the cost of medical treatment, hospital stays, surgeries, medication, rehabilitation, and any future medical care related to your injuries.
- Lost Wages: If your injuries keep you from working, you’ll need compensation for lost income and any future earnings affected.
- Pain and Suffering: This is compensation for the physical pain and emotional distress you’ve experienced as a result of your injuries caused by the defective product.
- Property Damage: If the defective product damages your property or belongings, you could be owed the repair or replacement costs.
A qualified product liability lawyer will help you determine the full extent of your damages and fight for the compensation you deserve.
Act Quickly with Your Defective Product Claim
Time is critical in any personal injury cases, including product liability. Kentucky’s statute of limitations dictates how long you have to file a claim. In most cases, that’s two years from the date of your injury.
Missing this deadline could mean losing your right to seek any compensation.
Swift action is also essential, as evidence can become harder to gather as time passes. Witnesses’ memories may fade, and the defective product can be lost or destroyed. A Louisville product liability lawyer can help ensure your case is handled promptly, efficiently, and meets all legal deadlines.
If a defective product in Kentucky has injured you, don’t try to face the legal process alone.
At Thomas Law Offices, our dedicated attorneys can guide you through every step, ensuring your rights are protected, helping you pursue the maximum compensation you deserve, and holding the responsible parties accountable.
Contact us today for a free consultation, and let us help you secure a brighter future after your product injury.
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