Topeka Product Liability Lawyers
Most people simply trust that the products they use every day are safe, but that’s not always the case. Unfortunately, people are injured by defective products with startling frequency. Prescription drugs can have dangerous side effects. A child’s toy can have a sharp edge. A defective car brake can cause a catastrophic accident. According to the National Safety Council, millions of people are sent to the emergency room each year by defective products.
Fortunately, our legal system allows injured consumers to take companies to court. This not only helps people get the compensation they need to pay for medical bills and losses, but it also helps to hold companies accountable so we can have trust in the marketplace.
In Kansas, our product liability lawyers are dedicated to holding companies accountable for defective products. Our attorneys use their experience and knowledge of the law to get the compensation that our clients need to move forward with their lives. If someone was killed by a defective product, it is possible for surviving loved ones to pursue a product liability lawsuit in order to cover funeral expenses and other losses related to the death of their loved one.
What Is Product Liability?
Product liability is the area of law that holds companies responsible for bringing a dangerously defective product to market. Companies that could be held accountable under product liability lawsuits include manufacturers, distributors, marketing agencies, product design companies, and retailers.
While there are federal laws related to product liability claims, these cases are brought under state laws. According to Kansas statutes, claims can seek compensation for injuries caused by “the manufacture, production, making, construction, fabrication, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, storage or labeling” of a product.
Product liability claims are different from those involving a product’s warranty. Product liability claims involve injuries or damages that were suffered while using a product as it was intended, while a product’s warranty involves a product not performing up to reasonable expectations. Plaintiffs in a product liability case can recover compensation for the injuries and damages they suffered. A breach of warranty might only entitle a consumer to a replacement product or a refund.
Common Types of Product Liability Law Cases in Topeka
The National Safety Council tracks the number of product-related injuries each year in the United States. Recent data from the NSC reveals that parts of a home, such as stairs and floors, are the most common source of product-related injuries. Other common types of product-related injuries were associated with mattresses, bedding, chairs, sofas, and sofa beds.
Perhaps not surprisingly, the agency found that infants, toddlers, and the elderly suffered the most injuries from these consumer products. As for infants and toddlers, the NSC found they were particularly vulnerable to defective soaps and detergents. This youngest group of our population was also frequently injured by television stands, stoves, and ovens.
The types of product defects that cause injury can be broken down into three categories: design, manufacturing, and marketing or failure-to-warn defects.
Design Defects
Some products are dangerously defective from conception or become defective somewhere along the development process. For example, children’s bedding designed to be soft and fluffy could be a suffocation hazard. Products with design defects cannot be made safe through manufacturing or covering the package with all kinds of warnings.
While a company that manufactures a product is often the same one that designed it, some companies create a design or recipe and pass it off to a contract manufacturer. For example, Anheuser-Busch might develop a new beer flavor and send the recipe to a contract brewer for production. If the recipe includes an ingredient that causes severe allergic reactions, Anheuser-Busch would be liable, not the contract brewer.
Manufacturing Defects
Some products are designed safely but become dangerous due to an issue in the production process. A manufacturing issue might cause a product to significantly deviate from its intended design and become dangerous. For example, if an airplane door was missing bolts, the plane would be different than its design and much more dangerous as a result.
Companies are supposed to have quality assurance measures in place to prevent manufacturing defects from ever leaving a production facility. Unfortunately, cost-cutting measures can impact quality assurance measures, resulting in defective products flooding into the marketplace.
Marketing or Failure-to-Warn Defects
Every product we use is associated with some degree of risk. For example, if you take prescription medications, there is a chance of suffering from dangerous side effects. Products with marketing defects are designed and manufactured safely, but a failure to warn users of potential risks causes these products to become unreasonably dangerous.
This type of defect is probably most associated with the pharmaceutical industry. It’s the reason every pharmaceutical ad includes a long list of potentially dangerous side effects. Unfortunately, some pharmaceutical companies don’t learn about the dangerous side effects of a particular drug until after it has gone to market.
Strict Liability for Defective Product Injuries in Topeka
Winning a personal injury case typically requires proving that the defendant acted negligently and that negligence resulted in the plaintiff suffering damages. However, plaintiffs in Kansas do not have to establish negligent behavior to win a product liability case because the state follows the doctrine of strict liability for product defects.
Under strict liability, companies can be held responsible for products they bring to market, regardless of their behavior. This means a plaintiff does not have to produce evidence of negligent behavior. A plaintiff doesn’t have to show that the defendant knew about the defect or intentionally did something to create a defective product. To win a case, a plaintiff only needs to show that a product existed, that the product was defective, and that the defect resulted in damages.
The goal of strict liability is to put the focus of a legal dispute squarely on the product. The plaintiff needs to show the product was defective when it left control of the defendant, whether that was a manufacturer, retailer or marketer. If a product was altered by the consumer or by a third party before reselling it, the companies that brought the product to market cannot be held accountable for any defect.
Strict liability helps to hold companies accountable for defective products and it incentivizes safe practices. Strict liability makes the products that we buy safer, and it helps us trust that the products we use won’t harm us.
What To Do If a Defective Product Has Injured You in Topeka
We trust that the products we buy are safe to use, and being hurt by a defective product can be traumatic. If you have been hurt by a product, do your best to stay calm and take the right steps.
The first thing to do is seek medical attention. Your health is more important than any lawsuit or legal claim. Even if you suspect your injuries aren’t life-threatening, it’s a good idea to get medical attention as soon as you can. Medical providers can diagnose your injuries and prescribe the necessary treatments. Medical personnel can also document the full extent of your injuries, and these documents can be critical evidence if you do file a claim.
After you have taken care of your own safety, do your best to preserve the product and document the accident. Try to keep the product and its existing condition preserved as best you can. Keep any user manuals, warranties, receipts, and other documents related to the product.
Take pictures of the product and the extent of damage that it caused. Take pictures of your injuries. Also, write down all the details you can remember about the accident. Document the time and location where it happened. Write down how you were using the product and how it caused your injuries. Write down the names of any witnesses.
You should also do what you can to keep other people from getting hurt by the same product. Consider reporting the accident to the manufacturer and the consumer protection agency. This can raise awareness of the defect and help keep other people safe.
Finally, you should contact our Topeka product liability lawyers. Our experienced attorneys can provide counseling and legal guidance. We will explain your options, the potential compensation you can receive, and your chances of recovering that compensation. Our experienced attorneys can also represent you in negotiations and take your case to court if necessary.
After an accident, it’s important not to admit fault or minimize the extent of your injuries, especially in any interactions with the companies behind the product or their insurers. Try to keep everything as organized as possible, as this organization can facilitate your case.
It’s best to reach out to an attorney as soon as possible after the accident. The statute of limitations for filing a product liability claim is two years after the date of the accident. However, the longer you wait, the weaker your case could become. Evidence could be lost or degraded. Witnesses might have trouble remembering key details, or you might have more trouble getting in contact with them. Simply put, it’s in your best interest to go forward with a claim as soon as you can.
How To Prove Product Liability in Topeka
Working under the doctrine of strict liability in Kansas, our Topeka product liability lawyers will focus on the product, the defect and the damages that the defect caused.
This starts with an initial assessment. After you contact an experienced attorney, they will have you describe your case and suggest a course of action. An attorney can tell you how much your claim is worth and the best way to recover compensation.
If the decision is made to move forward with the claim, an attorney will collect and preserve as much evidence as possible. They will gather documents, interview witnesses and consult with subject matter experts. This stage of the process takes time but it is critical to building the strongest case possible.
An attorney will then file a claim and engage in the discovery process. This involves an exchange of information between your attorney and the defendant’s legal team. Your attorney might use subpoenas, depositions, and document requests during discovery to strengthen your case.
If a fair settlement cannot be reached, we will then take your case to court, which requires thorough preparation. Your attorney must prepare opening and closing statements. They must prepare to present evidence and interview witnesses. The goal is to establish liability by a “preponderance of evidence” and get the judge or jury to agree with them.
Our Team of Topeka Product Liability Lawyers Will Fight for Your Case
At Bretz Injury Law, our team of Topeka lawyers has a deep understanding of product liability law. They also have extensive experience when it comes to dealing with the legal system and companies that bring products to market.
While we are willing to settle a claim if it’s in the best interest of our clients, our firm is known for taking cases to trial to get our clients the compensation they need. We keep our law firm intentionally small to better serve our clients and fight passionately on their behalf.
If you or someone close to you was recently hurt by a defective product, contact us today or call 620-RESULTS.
