Kansas Product Liability Lawyer
Defective Product Claims & Lawsuits
Individuals and entities involved in the design, creation, production, and distribution of industrial and consumer products have a legal responsibility to the public. These entities are responsible for ensuring their products work as intended and without unreasonable risk to the user. When these parties fail in this duty, they put ordinary people at serious risk of severe bodily injury and death caused by faulty, defective, and malfunctioning products.
If you or someone you love was harmed by a defective product, you could have grounds for a product liability claim. A product liability claim (or lawsuit) is a type of personal injury case in which an injured party (known as the “plaintiff”) seeks financial restitution from the manufacturer, distributor, or another liable party (known as the “defendant”). Although such entities may be responsible for your injuries and damages under strict liability or negligence laws, these cases are extremely difficult to win without the help of an experienced and knowledgeable attorney.
Since 1997, Bretz Injury Law has been standing up for the rights of the injured. Our Kansas product liability lawyers have the extensive legal knowledge, resources, and experience to effectively pursue complex defective product claims. We have successfully represented victims in all types of product liability litigation, including cases involving defective drugs and medical devices, faulty machinery and equipment, automotive defects, and more. To date, we have secured more than $300 million in compensation for our clients, and we are ready to fight for you and your recovery.
What Is Product Liability?
Product liability refers to the legal responsibility of product manufacturers, sellers, and others involved in the chain of production and supply to compensate consumers injured by their products as a result of product defects or because of the dangerous nature of certain products, including cars and children's toys. In other words, when product manufacturers and other similar entities allow dangerous or defective products into the hands of ordinary consumers, resulting in injuries or deaths, they can be held accountable. Victims can seek financial compensation for damages arising from the use of defective products, such as medical expenses, future care costs, lost wages, disability, and pain and suffering.
It is important to note the distinction between a product that is simply dangerous and one that is defective. A product may pose certain risks to the user without being inherently faulty. For example, most medications come with some side effects. Power tools, such as chainsaws, can cause bodily injury if not used correctly. Motorists can lose control of their vehicles in poor weather conditions or when they drive too fast. None of these things mean that the product itself was defective.
Rather, a product must pose an unreasonable risk to the user when used correctly and without modifications in order to be considered defective. So, if a pharmaceutical company fails to adequately warn of all possible side effects of a medication, including potential heart attack or stroke, the medication might be considered defective. If a manufacturer creates a power tool that is missing proper safety guards, leading to accidental amputation, the manufacturer could be responsible. If an automotive company creates a vehicle with a faulty accelerator, causing motorists to lose control while driving safely in normal conditions, the company could be liable for the resulting damages.
Types of Product Defects
While there are many different types of products that can be defective, they typically fall under one of three categories.
The three main types of product defects include:
- Design Defects: Poor design can make products unreasonably or unexpectedly dangerous, resulting in serious injury accidents. To have a design defect, a product must be designed in such a way that it is inherently and unreasonably dangerous for ordinary use or poses an unreasonably risk to users when used correctly, as intended, and without modifications.
- Manufacturing Defects: Poor quality materials or workmanship can make products dangerous, as can contamination or missing components. When a product is designed correctly, but it is not constructed properly, it may have a manufacturing defect. Unlike design defects, this type of defect only affects certain units rather than an entire line of products.
- Labeling/Marketing Defects: Certain products have inherent dangers that are not obvious to consumers. Those products should contain proper safety warnings, instructions, and other labels. Failure to include such information is known as “failure to warn” and could constitute a defect. Improper marketing of a product, e.g., for off-label or untested use, could also be considered a defect.
Some of the most commonly defective products include medical equipment and devices, medications, household appliances and cleaners, children’s toys, tools, electronics, and even food items, as well as construction, industrial, and farming equipment.
At Bretz Injury Law, we represent victims of all types of defective products, as well as the families of those wrongfully killed by faulty or inherently unsafe items. We understand the many unique and nuanced challenges present in these types of cases, and our lawyers have what it takes to effectively advocate for you and your recovery.
Proving Product Liability
Proving that your injuries (and resulting damages) were caused by a defective product can be very difficult. For one thing, you may not even realize that a defective product was the actual cause of the accident. For example, if you were injured in a motor vehicle accident after trying to stop to avoid a collision with another motorist who ran a red light, you may not realize that your car’s brakes were defective. If you suffered new, continuing, or worsening symptoms after taking medication prescribed by your doctor to treat a medical condition, you may not realize that the medication was making you sicker.
It is extremely important that you work with a skilled and knowledgeable attorney, like those at Bretz Injury Law, who can investigate your claim and determine if and how a defective product contributed to or caused your injuries and damages. Our lawyers frequently work alongside industry experts—including accident reconstructionists, product specialists, economists, medical professionals, nurses, and expert witnesses—to build powerful cases on behalf of our clients.
We employ a team-based, strategic approach to every case, offering personalized representation and compassionate, attentive client service every step of the way. Our goal is to not only maximize your financial recovery but also to help you on the road to healing.
Get Started with a Complimentary Case Evaluation
If you believe that you or your loved one was injured by a defective product, reach out to our team at Bretz Injury Law right away. In Kansas, you only have two years from the date of the accident or injury (or the date the injury was discovered/discoverable) to file a lawsuit. There are very few exceptions; in most cases, if you fail to take action within two years, you will lose your right to seek financial compensation and hold the liable party accountable.