Defective and dangerous products are responsible for thousands of injuries each year in the United States. Manufacturers, distributors, and retailers are legally responsible for producing and stocking reasonably safe products for consumers.
If you suffered an injury as the result of a defective or dangerous product, you may be entitled to compensation. Learn about your legal options and if you have grounds for a product liability claim during a free consultation with the Kansas City product liability attorneys at Wendt Law Firm, P.C.
Product liability refers to the idea that a manufacturer or seller might be legally responsible for putting an injury-causing product into the hands of a consumer. The law requires that a product meet certain expectations of the consumer. When an unexpected defect or inherently dangerous condition leads to injury, a manufacturer or retailer may have violated these expectations.
Product liability law varies from state to state, but these laws usually involve the legal theories of negligence, breach of warranty, and strict liability.
Knowing whether you have a case after a product-related injury may take scheduling a consultation with a Kansas City product liability attorney. You may have the elements of a product liability claim in Kansas City if you can show that an item you bought or used contained a defect, and that this defect caused the injuries and damages in question. This is the basic burden of proof an injured consumer will have in a product liability suit in Missouri or Kansas.
It is not necessary to prove a manufacturer’s negligence or fault if strict liability rules apply. The manufacturer will be strictly liable for your damages if the item in question had a design, manufacturing, or marketing defect and caused your injuries. If strict liability laws do not apply to your case, you will need to prove negligence. This may take help from expert key witnesses and Kansas City personal injury attorneys who can tell your story to a judge or jury.
Anyone involved in the manufacture, distribution, or retail of a defective product might be legally responsible for injuries. Examples of responsible parties include:
Filing a product liability lawsuit gives you the opportunity to claim recovery for a variety of damages the defective item caused you or your family member. Kansas City consumers have the right to seek financial reimbursement for past and future losses from the product manufacturer or another at-fault party.
In general, the more serious the injuries, the higher the compensation will be for the claim. The Kansas City courts will examine how greatly the injury impacted the victim, whether the victim has temporary or permanent disabilities because of the item, and many other factors to determine a fair compensation amount. Hiring a product liability lawyer in Kansas City can help you maximize your financial recovery.
Product liability cases fall under the legal theory of strict liability, which means that an injured plaintiff doesn’t need to prove negligence led to the defective condition. In other words, all a plaintiff needs to prove is that a product was inherently dangerous or defective and that condition led to his or her injuries. There are a few different types of defects that could lead to a product liability claim:
One of the most difficult parts of litigating a product liability claim is determining who is at fault for your injuries. This requires an extensive investigation and an experienced hand. One benefit of product liability cases is that an injured plaintiff does not have to prove a manufacturer, distributor, or retailer committed negligence. Rather, the defendant must prove they were not negligent. This can make it easier for victims to collect damages for their injuries.
Each year, thousands of consumer injuries occur because of defective and dangerous products in the U.S. Manufacturers may release unsafe products unknowingly, or intentionally hide defects to save money. Either way, the end result is thousands of products on shelves that could potentially cause serious consumer injuries. The following are the most recent statistics available on defective products in America, from the Consumer Product Safety Commission (CPSC).
The CPSC created the national recall list to help consumers keep track of products with known hazards or defects. The list updates almost daily with new items, and currently contains thousands of products with known health and safety risks. The list includes an enormous range of items, from hot water heaters to children’s toys.
A product liability claim can help you pay for medical bills, lost wages, and the intangible losses of an accident. These cases, however, require the assistance of an experienced Kansas City product liability attorney. At Wendt Law P.C., our Kansas City product liability lawyers stand up for victims of personal injury and advocate for their needs. To learn more about our product liability services or to schedule a free initial consultation, please contact us.