When you purchase a product, you expect to be able to use it safely. If there are certain dangers associated with the product, these should be stated clearly on the product so that you are fully aware of any risks.
Sometimes, however, manufacturers fail to provide adequate warnings about the dangers of using their products, or some defects happen during the manufacturing process, which results in a dangerous and defective product. If this defect or unsafe product results in a person suffering harm, the injured party has the right to raise a product liability claim against the manufacturer for any injuries caused.
If you have suffered a personal injury as a result of a dangerous or defective product, you should speak with an experienced Kansas City product liability lawyer as soon as possible. At Wendt Law, we can help you get compensation by filing a product liability lawsuit on your behalf. Our law firm has a team of product liability lawyers who are ready to fight your case.
We offer a free initial consultation where you can present your case to our lawyers and receive honest and reliable advice regarding your legal options.
Call us today at 816-542-6734 to schedule a free consultation.
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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 meets 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.
If you have suffered an injury due to a product defect or a product that is inherently dangerous by design, you should do the following to ensure your safety and maximize your chances of being awarded compensation.
As noted previously, product liability is not the same as personal injury. For personal injury cases, the victim must prove that their injuries were caused by the negligence of another party.
In comparison, product liability claims are based on the principle of strict liability, meaning that an injured person must show that the product was inherently dangerous and their injuries were directly caused by this dangerous product. There are typically three types of product liability cases in Kansas City:
It is possible to file a personal injury claim for product defects. However, it can be very difficult to prove. Strict liability takes away the need to prove negligence and simply questions whether the product itself was defective. In negligence cases, you must show that the party responsible owed you a personal duty of care and breached this duty, which is much more difficult to prove in these cases.
Knowing whether you have a case after a product-related injury may make scheduling a consultation with a Kansas City product liability attorney. You may have the elements of a product liability claim in Kansas City, or anywhere in Missouri, 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.
Product liability claims do not require you to prove negligence on behalf of the other party. However, you must prove that the defective product directly caused you to suffer an injury and that your injuries were caused while using the product in a reasonable manner, i.e., using the product as it was intended to be used.
Strict liability claims can be difficult to prove, which is why we recommend speaking with a product liability attorney who has sufficient experience to argue your claim. Your attorney will need to gather sufficient evidence to prove the following:
Once these elements can be proved in a Kansas City product liability case, you can successfully recover compensation for the harm you have suffered, and the responsible party will be held liable.
Often, however, the parties responsible for defective products have a lot of resources, and being found liable for product defects can cause them to lose a lot of money. For this reason, they will put up a strong fight to ensure that you do not win your product liability lawsuit. Having the backing of an experienced lawyer will seriously improve your chances of winning your case. Schedule a free consultation with our law firm today.
All defective product claims are different. The party responsible for your injuries could be any party in the distribution chain of the product, including manufacturers, distributors, and retailers. Some parties that may be responsible for your harm could include:
Trying to determine the at-fault party in product liability cases is often the most difficult part. There are often numerous parties involved in the manufacture, production, distribution, and retail of the product, which can make pinning down one party quite difficult.
An experienced Kansas City product liability attorney can conduct a thorough investigation on your behalf to determine who should be held liable for your injuries and build up a strong case to ensure that you get the compensation you are owed.
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.
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. We advocate for their needs. To learn more about our product liability services or to schedule a free initial consultation, please contact us.