Kansas City Product Liability Lawyers

Having quality products is a big part of our American identity, but unfortunately, defective products occasionally make it to the marketplace and into the hands of consumers. Even worse, defective products regularly injure people.

U.S. consumers have every right to believe that a product they buy will be safe for its intended use. If you buy a medical device, you expect that it will improve your quality of life and not cause you more harm. If you take prescription medication, you trust the side effects won’t cause you serious harm. If you give your child a toy, you expect that it will be safe for them to play with. In these situations, people who are hurt by these products can hold the company or companies behind them liable for their injuries.

What Is Product Liability?

“Product liability” is the term used to describe an area of law that allows consumers to hold companies responsible for the products they bring to market. It exists because far too many companies have been behind defective products that injure and kill people.

Typically, manufacturers are the ones responsible for defective products hitting the marketplace. However, most consumer products go through a long process before they get to market, which includes design, manufacturing, shipping, and retailing processes. Throughout this chain, there are many situations where a product can become defective. Every organization involved with bringing a defective product to market could potentially be held liable if that product hurt somebody.

Product liability cases can usually be categorized into three different types of defects: design, manufacturing, and marketing.

Design

Some products are dangerous from their very inception. For example, a top-heavy vehicle that easily flips over cannot be made safer through manufacturing or shipping processes. These products are typically the subjects of massive recalls and class action lawsuits because every single version of the product is defective.

Manufacturing

Some products are safely designed, but they become defective at some point during the manufacturing process. For example, a worker at a cheese factory might accidentally spill cleaning liquid into a batch of cheese. These products may be the subject of recalls and class action lawsuits, but manufacturing defects typically only affect a few batches or many products.

Marketing

If you’ve ever seen a pharmaceutical ad on TV, you have probably heard the long list of potential side effects that the medication being advertised could cause. When a pharmaceutical company doesn’t list the potentially dangerous side effects of a drug, and it affects a patient who takes it, the product is considered defective due to bad marketing. Marketing defects could also be considered inadequate instruction or information on packaging. If a consumer doesn’t know how to use a product as it’s intended because of bad marketing and then the consumer gets injured, they can hold the company responsible for marketing the product liable for their injuries. As with design defects, marketing defects are often the subject of product recalls and class action lawsuits.

Under product liability law, victims of defective products can take legal action to recover compensation for any injuries or losses they have suffered. Compensation can be used to cover financial losses like medical bills or income lost due to being unable to work. Compensation can also be for non-financial losses like the pain and suffering that was endured due to a defective product.

In some situations, product liability lawyers will pursue punitive damages. Only awarded by a judge or jury, punitive damages are intended to deter the responsible company from repeating particularly egregious actions that led to the defective product being brought to market. For example, executives at a pharmaceutical company may have known that a particular drug caused dangerous side effects in clinical trials, but they suppressed that information so that they could make money off their investment.

Common Types of Product Liability Cases in Kansas City

Unfortunately, people in Kansas are hurt far too often by defective products. Fortunately, Kansas City product liability lawyers can often help victims recover the compensation they need. Some of the more common types of product liability cases in Kansas City include the following products:

• Automobile parts. The safe operation of a motor vehicle requires a lot of different parts to function correctly. If a vehicle’s brakes or steering mechanism fail, it can have disastrous consequences.
• The last thing we expect is that a prescription or over-the-counter drug will kill us. Unfortunately, people are often seriously injured or killed by medications that they pick up from their local drugstore. It’s also the responsibility of companies to make sure that patients understand all of the potential side effects of the drugs they are taking.
• Construction tools and machinery. Powered construction equipment produces the high amounts of force needed to build houses, roads, and other things we need. When this high-powered gear is defective, it can become very dangerous, even deadly. Manufacturers of construction equipment should provide clear instructions on correct operation, and they should also have clear warning labels.
• Children’s toys. Companies that make children’s toys must ensure that they are safe to use for little ones who don’t understand basic safety. To be fair, major toy companies do a great job of marketing safe toys. But once in a while, an unsafe toy makes it to the store shelves and injures a small child.

Strict Liability for Defective Product Injuries in Kansas City

In Kansas, product liability claims fall under the legal doctrine of strict liability. A plaintiff does not have to prove that a product manufacturer was negligent and that negligence resulted in the product being defective. Under strict liability, a plaintiff only has to focus on the condition of the product at the time of use. A plaintiff must show that the product was defective when it left the defendant’s control and that it was not modified prior to the plaintiff being injured.

The plaintiff must also show a direct connection between the defective product and the injuries they suffered while using it as intended or as any reasonable person might use it. For example, a person hurt using kitchen shears to prune vegetable plants in their garden would be using those years in a reasonable way. On the other hand, if someone was hurt while using shears to open a tin can, it might hurt their claim because shares are not meant to be used in that manner, and reasonable people using shears to open a tin can understand that it’s a dangerous thing to do.

Strict liability differs from other personal injury cases that involve proving negligence. For example, someone injured in a car crash by a drunk driver would have to prove that the driver was being negligent. This involves proving the defendant had a duty of care to the victim, and they breached that duty, resulting in the victim’s injuries. So, a driver has a responsibility not to drink alcohol before getting behind the wheel. If they do so, they fail in their duty of care for other drivers, and they could be found liable for any injuries they cause due to their inebriated state.

What To Do if a Defective Product Has Injured You in Kansas City

If you have been hurt by a defective product in Kansas City, the first thing you should do is make sure that you’re OK. Seek immediate medical attention for any injuries that you’ve suffered. Even if you feel like medical attention isn’t necessary, it’s a good idea to get checked out because some injuries can be difficult to self-diagnose. Seeking medical attention is also a good idea because it allows you to document the extent of your injuries for potential legal action.

When you are sure that you’re no longer in jeopardy, try to preserve what remains of the product and contact a Kansas City product liability lawyer. The first thing a lawyer will likely do is report the incident to the authorities. This helps document the accident, but notifying the authorities can also help to get the word out about the defective product, potentially preventing other people from being hurt by any other copies of the product that might be on the market.

In their initial consultation with you, a product liability lawyer will review the accident and discuss the strength of a potential personal injury lawsuit. They might review your medical records and examine what remains of the product. If the Kansas City product liability lawyer believes there is a strong enough case, they will file a lawsuit and begin proceedings against the company deemed liable for your injuries.

Manufacturers, retailers, and other companies that bring products to market will understandably push back on most defective product claims. A defendant often tries to claim that the victim’s injuries were the result of using the product as it was not intended. Essentially, the company will blame you for the injuries you suffered.

With that in mind, it’s a good idea not to discuss your case with too many people and don’t post about it on social media. Your own words could be used against you. Any interaction with the defendant should be done through your attorney, and you should avoid providing any statements to the company or its insurer.

At some point, a company may offer you a settlement to resolve your claim. Any settlement offer you receive should be passed directly to your Kansas City product liability lawyer. An attorney can advise you on the pros and cons of accepting a settlement, making a counteroffer, or taking a case to trial.

It’s important to begin working with the Kansas City product liability lawyer as soon as possible. In Kansas, victims of defective products have a two-year statute of limitations in which they can file a claim. If you don’t file a claim within that time period, you could forfeit your ability to recover compensation. It’s also a good idea to move forward with the claim as quickly as possible because a case could get weaker over time. Evidence could get lost. Witness memories could fade. Moving quickly helps to prevent this from happening.

How To Prove Product Liability in Kansas City

If you and your attorney decide to take your case to trial, you will have to prove strict liability in court. Your attorney must establish:

• The product was defective when it left the defendant’s control
• You used the product as intended or as any reasonable person might
• The defect directly caused your injuries
• Your injuries caused you to suffer losses, which could be economic or non-economic in nature

To prove strict liability, your attorney will produce evidence and witness testimony. They may bring in expert witnesses to testify to the nature of the defect or the extent of the injuries you suffered. A judge or jury must then find the defendant liable based on the evidence presented.

Let Our Team of Kansas City Product Liability Lawyers Handle Your Case

At Bretz Injury Law, we understand the pain and trauma that comes with being hurt by a consumer product. Our team of Kansas City lawyers is highly skilled in handling these particular cases.

While we are prepared to settle a claim if it’s in your best interest, we’re also willing to fight for your claim in court and hold the negligent company accountable for your injuries. If you were recently hurt by a defective product in Kansas City, please contact us today or call 620-RESULTS.