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 816-542-6734to schedule a free consultation.
How Can Wendt Law Help Me?
Product liability lawsuits are different from personal injury cases, and they are often much more difficult to prove. In most cases, big corporations do not want to pay compensation for personal injury resulting from their defective product. Companies will often have an experienced legal team ready to fight to ensure that they win the case and that you are left empty-handed.
At Wendt Law, we can ensure that you have a fair chance of winning your product liability claim in Kansas City. Our product liability lawyers can do the following for you:
Carry out a thorough investigation to determine that your injuries were caused by a product or manufacturing defect.
Use our experience to determine the actual value of your product liability claim.
Build up a strong case to ensure that the company is found liable for your personal injury.
Speak with experts regarding your injuries and the product.
Defend you if the other side’s attorneys try to claim that you caused yourself harm by using the product incorrectly.
Our priority is to ensure that you can recover compensation that reflects the actual value of the injuries you have suffered.
Product Liability Explained
Thousands of U.S. citizens are injured each year due to dangerous or defective products. As a result, there are a set of laws called product liability laws that have been put in place to protect consumers and ensure that they can seek compensation if they are injured as a result of a dangerous product.
Under product liability laws, manufacturers of products have a duty to ensure that all products put out for sale meet the safety expectations of the consumer and that any risks associated with the product are made aware to the buyer through a warning label, for example.
So, if a manufacturer puts a children’s toy out for sale that poses a risk of injury to children under the age of 4, they must warn consumers of this risk.
If a manufacturer or seller fails to warn users of risks and a person is injured as a result, they can be made to pay damages to the injured person through a product liability claim. Product liability laws vary across different states in the U.S. However, they are typically based on principles of negligence, strict liability, and breach of warranty.
What To Do if You Have Been Injured By a Defective Product
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.
Seek medical assistance – Firstly, you need to ensure that you are safe and that any injuries you suffered are being properly looked after. Even if your injuries were not serious, you should still see a doctor so they can conduct a full examination. Your medical records will be essential evidence in your product liability claim.
File a report – If you have been injured at work, it is important that you file an official report with your supervisor as soon as possible. Ensure that you do not relay any information that could be harmful to your claim, such as putting the blame on yourself or speculating that you may have misused the product that caused you harm.
Preserve all evidence – It is extremely important that you keep the product in the same condition as when it caused you harm. Ensure to keep all packaging relating to the product and any receipts or insurance you have purchased for the product. Physical evidence of a defective or dangerous product can often be the most persuasive evidence in these cases.
Contact one of our Kansas City product liability attorneys– Once you have carried out the above steps, you should contact a lawyer who is experienced in dealing with defective product claims. They will work with you from the start to gather evidence, collect reports, carry out investigations, and speak with the other parties involved to ensure that you have a successful claim.
Types of Product Liability Claims in Kansas City, MO.
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:
Manufacturing defects – An injured person can bring a manufacturing defects claim if they were injured due to a defect that happened during the manufacturing process. With these claims, the product is not inherently dangerous. However, there was an error or negligence during the manufacturing process, which resulted in a defective product. For example, if a bottle of medication is contaminated by an employee or due to a lack of regulation, and a person gets sick as a result, they can file a claim.
Defective design – Unlike manufacturing defects, liability claims arising from design defects refer to products that are inherently dangerous due to their design. This could include a plastic toy built for children under 4 that breaks into pieces within a few weeks, an electric appliance that melts, or a top-heavy car that is more likely to be involved in rollover accidents. If it can be shown that the product could have been made safer and that this other method of creation was cost-effective, then the product manufacturer can be found liable for any injuries sustained by consumers.
Marketing defects – Product manufacturers are required to put a warning label on their products for any dangers that could arise. If a company creates a hairdryer that can cause an electric shock when exposed to water, they are required to warn consumers of this danger. If they fail to provide a warning and a consumer is injured, they can file a product liability lawsuit.
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.
How Do I Prove That I Was Injured By a Defective Product?
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:
You suffered damages while using a defective product, either through suffering injuries or monetary loss.
The product is defective, either through a manufacturing defect, design defect, or marketing defect.
Your injury was caused by the defect in question.
You used the product in a reasonably foreseeable manner.
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.
Who is Liable in a Product Liability Claim?
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:
The product manufacturers, e.g., car manufacturers.
Parts manufacturers, i.e., parties that manufacture parts of the product, such as companies responsible for creating safety features that are added to a product.
Outside parties are involved in assembling a product.
The retail store that sold the product.
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.
Common Injuries In Kansas City Product Liability Cases
Defective products can often result in serious injuries, and in some cases even death. Depending on your particular situation, you may be left out of work because of your injuries, unable to pay medical bills, or looking at permanent impairment because of the incident.
Some common injuries witnessed by our Kansas City product liability attorneys include:
Injuries resulting from defective and unreasonably dangerous products are often quite severe and require extensive medical treatment, which can be costly. The level of your harm will determine the amount of compensation you can recover from a product liability case. The more serious your injuries, the more likely you are to recover a higher compensation award.
What Damages Can I Recover in a Product Liability Lawsuit in Kansas City, MO.?
The damages you can recover in a product liability case depend on the type of harm that you have suffered. It is possible to recover financial damages resulting from past and future harm that you will suffer. An experienced product liability attorney can help you file a claim for the following damages:
Medical expenses – Injured clients can recover medical expenses to compensate for the injuries they have suffered. You can claim for any medical bills, costs for prescription drugs, and transport to and from hospital appointments.
Lost wages – If you have been left unemployed or temporarily out of employment due to your injuries, you can file a claim for lost wages. This can include past and future lost income.
Property damage – In some cases, a defective product can cause damage to other property in your ownership. For example, if a defective microwave explodes in your kitchen and causes damage to other furniture, you can file a claim for this.
Pain and suffering – It may be possible to recover non-economic damages for your accident, including pain and suffering damages. These damages encompass the physical and emotional trauma you endure as a result of the incident.
Loss of consortium – At Wendt Law, we know that no amount of money can compensate for the pain of losing a loved one. However, we can help relieve the financial burden of funeral costs and a loss of income to a household by filing for damages on your behalf.
It is important that you recover fair compensation for the harm you have suffered. We recommend that you speak with a Kansas City product liability lawyer who is experienced in managing cases similar to yours.
Contact Wendt Law Firm in Kansas City Today
If you or someone you know has suffered injuries due to a defective product, you should assess your legal options as soon as possible. Regardless of whether you were injured due to a manufacturing defect, product defect, design defect, or marketing defect, you may be entitled to file a product liability claim to recover damages.
Here at Wendt Law, we have a team of experienced attorneys who know how to manage cases like yours and have a proven track record for getting our clients the best results possible.
Schedule a free consultation with our office today by calling816-542-6734.