Injured by a Defective Product in Topeka? Know Your Rights
When a product you trusted causes serious harm, the results can be devastating. Medical bills pile up, you may not be able to work, and you are left wondering how a product you used as directed could have hurt you. If you or a loved one was injured by a dangerous or defective product in Topeka, Kansas, the product liability lawyers at Bretz Injury Law are here to help you seek the compensation you deserve.
Bretz Injury Law has more than 30 years of experience handling complex personal injury cases across Kansas, including product liability claims. Our attorneys fight for people harmed by unsafe products and hold manufacturers and sellers accountable for the damage their products cause.
What Is Product Liability?
Product liability is the area of law that holds manufacturers, distributors, and sellers responsible when their products injure people. If a product is defective and causes harm, the companies behind that product may owe you compensation for your injuries.
You do not have to be the person who bought the product to file a claim. If you borrowed a product or received it as a gift and were hurt while using it as intended, you may still have a valid product liability case under Kansas law.
What types of product defects lead to liability claims?
There are three main types of product defects recognized under Kansas law. A manufacturing defect happens when something goes wrong during production, such as contaminated food or a cracked part. A design defect means the product was dangerous from the start because of a flaw in its design, like a power tool without proper safety guards.
The third type is a failure to warn. This applies when a company does not include proper labels or instructions about the risks of using the product. All three types of defects can form the basis of a product liability claim in Kansas.
Kansas Strict Liability and What It Means for Your Case
Kansas follows a strict liability rule in product liability cases. This means you do not have to prove the manufacturer or seller was careless or negligent. You only need to show five things to hold them liable:
- The defendant made, sold, or marketed the product.
- The product was defective and not reasonably safe.
- You used the product as it was intended to be used.
- The defect caused or contributed to your injury.
- You could not have found the defect or avoided the injury through reasonable care.
Strict liability gives injured consumers a fair path to compensation. It shifts the focus from what the company knew to whether the product itself was safe.
Common Products That Cause Harm
Almost any product you use in daily life can be the subject of a product liability case if it is defective. These cases cover a wide range of consumer goods, household items, and industrial products.
Bretz Injury Law handles product liability claims involving a wide range of dangerous and defective products, including:
- Defective drugs and medical devices
- Contaminated food products
- Unsafe children’s toys
- Faulty electrical equipment
- Dangerous household appliances
- Talcum powder linked to cancer
- AFFF firefighting foam
- NEC baby formula
- Roundup weed killer
If a product you used as directed caused you harm, you may have a valid claim regardless of the type of product involved.
Why Choose the Topeka Product Liability Lawyers at Bretz Injury Law?
Product liability cases often mean going up against large corporations with deep pockets and teams of lawyers working to protect their interests. You need attorneys who have the experience and resources to stand up to these companies and fight for fair compensation on your behalf.
Matthew Bretz, the founding attorney of Bretz Injury Law, has spent more than three decades representing seriously injured people. He began his career in defense work but made the decision to switch to representing plaintiffs because he wanted to stand beside injured people, not protect insurance companies. That commitment shapes how the firm handles every case.
Personal tragedy also drives his mission. On Valentine’s Day 1992, Matthew’s 16-year-old sister Marlee and two of her friends were killed in a train collision. That loss taught him firsthand how sudden catastrophic events can shatter a family. It is why he serves on the National Board of Directors for Mothers Against Drunk Driving (MADD) and why he dedicates himself to helping people rebuild after serious injury.
How does trial experience affect your product liability case?
Bretz Injury Law prepares every case as if it will go to trial. This matters because insurance companies and corporate defendants pay attention to whether your attorney is willing and able to take them to court. When they know your lawyer is prepared to litigate, they are more likely to offer fair compensation during settlement talks.
Matthew Bretz trains trial lawyers through the Keenan Trial Institute and has tried cases in state and federal courts across multiple jurisdictions. His bar admissions include Kansas, California, and several U.S. District Courts, along with the Tenth Circuit Court of Appeals. This level of experience gives our clients a real advantage.
After An Accident, Put Our Team On Your Side.
Since 1997, we’ve fought for Kansas families after serious accidents and injuries. Let our team protect your rights and pursue the compensation you deserve.
What to Expect When You Work With Bretz Injury Law
When you contact Bretz Injury Law about a product liability case, we start with a free consultation. During this meeting, we will listen to your story, review the facts of your case, and explain your legal options in plain language.
If we take your case, our team investigates your claim thoroughly. We gather evidence, obtain medical records and expert testimony, and identify every party that may be responsible for your injuries. We handle all communication with the other side so you can focus on your recovery.
How much does it cost to hire a product liability lawyer?
Bretz Injury Law works on a contingency fee basis. This means you pay no attorney fees upfront and owe nothing unless we recover compensation for you through a settlement or court verdict. We discuss our fee arrangement with you at the start of your case so there are no surprises.
Damages You May Recover in a Product Liability Case
If a defective product harmed you, Kansas law allows you to seek compensation for a range of losses. These damages are meant to help you recover financially and address the full impact the injury has had on your life.
You may be able to recover compensation for medical bills, both past and future. Lost wages and reduced earning capacity are also recoverable. Kansas law recognizes non-economic damages as well, including pain and suffering, permanent scarring or disfigurement, and loss of enjoyment of life. In wrongful death cases, families may seek damages for funeral costs and the loss of companionship.
The Statute of Limitations for Product Liability in Kansas
Kansas law sets a deadline for filing product liability claims. If you miss this deadline, the court may dismiss your case no matter how strong it is. Acting quickly protects your right to seek compensation and gives your legal team more time to build a thorough case.
If you believe a defective product caused your injury, contact a Topeka product liability lawyer as soon as possible. Early action also helps preserve important evidence that could support your claim.
Steps to Take After a Product Injury
If a product has hurt you, there are steps you can take right away to protect your health and your legal rights:
- Seek medical attention as soon as possible. Your medical records will serve as key evidence linking the product to your injuries.
- Keep the product and any packaging, instructions, or receipts. Do not throw anything away or try to fix the product.
- Take photos of the product, your injuries, and the scene where the injury happened.
- Write down the names and contact information of anyone who witnessed the incident.
- Avoid giving recorded statements to the manufacturer’s insurance company before speaking with an attorney.
What you say to an insurance company can be used to reduce or deny your claim. A product liability lawyer at Bretz Injury Law can advise you on how to protect your interests from the start.
Topeka Product Liability FAQ
Who can be held responsible in a product liability case?
You can file a claim against the manufacturer of the product, the maker of a defective component, or any seller in the supply chain, including wholesalers and retailers. You do not need to have purchased the product yourself.
What if I was partly at fault for my injury?
Kansas follows a comparative fault rule. This means your compensation may be reduced if you share some responsibility for your injury. However, you can still recover damages as long as your share of fault does not exceed the threshold set by Kansas law. An experienced attorney can evaluate how comparative fault may apply to your situation.
Can I file a claim in Kansas if the product was made in another state?
Yes. If the manufacturer or seller does business in Kansas, you may be able to file your product liability claim here even if the product was made elsewhere. Your attorney can help determine the proper jurisdiction for your case.
Contact Bretz Injury Law for a Free Consultation
If a dangerous or defective product has injured you or someone you love in Topeka or anywhere in Kansas, Bretz Injury Law is ready to help. Call 785-264-4213 or submit a consultation request online to schedule your free case evaluation.
Matthew Bretz and his team bring more than 30 years of trial experience to every product liability case. We treat each client with individual attention and fight to hold manufacturers and sellers accountable for the harm their products cause. Your case deserves an attorney prepared to take it to court if that is what it takes to get you fair compensation.