Kentuckians are injured every day by defective products and foods. Seek compensation for injuries caused by dangerous products.
Although government agencies like the Consumer Product Safety Commission say products must be tested for safety, many innocent consumers continue to get injured and killed by defective products each year. Whether the injury you suffer is caused by a failure to warn of side effects, a design flaw or a manufacturing defect, you may be entitled to compensation for your injury and for your pain and suffering.
Defective and dangerous products are everywhere. Almost anything has the potential to cause harm if there’s something wrong with it. When a manufacturer or distributor does something wrong or doesn’t do what they’re supposed to do, they can be held liable, which means being held responsible, for any harm they’ve caused.
What Are My Protections Under the Law?
Consumers do have protections under the law, but you must do your own diligence as well. Kentucky Statute, “Product Liability Act of Kentucky,” KRS 411.300 to 411.340 states:
- The manufacturer is liable only for “the personal injury, death or property damage that would have occurred if the product had been used in its original, unaltered and unmodified condition.” This means that if you altered or modified the product in any way, or didn’t maintain it properly, the manufacturer may escape responsibility, unless the manufacturer told you to make a modification or alteration.
If your claim isn’t denied, your compensation may be according to your share of blame, if any. Product liability can be claimed for:
- A manufacturing defect, if a product isn’t manufactured or assembled according to specifications due to an error in the process of manufacturing or assembling.
- A design defect. If a manufacturer of similar products wouldn’t distribute it. For example, if you have a defective baby car seat made by Company A and Company B distributes a very similar seat without the defect. If claiming a design defect, the court may require proof of a feasible alternative design.
- Failure to warn, if the manufacturer didn’t provide adequate warnings to the user about any dangers related to the use or misuse.
What Constitutes Product Liability?
Product liability covers a broad area, including:
- Food poisoning and foreign objects – if you broke a tooth or became ill because of food you ate
- Restaurant food poisoning
- Restaurant liability for injuries – if something is spilled and you slip and fall, to spilling a too-hot beverage in your lap
- Beauty and personal care product – this covers things like adverse reactions to products that weren’t listed on the label, inaccurate dosage instructions or actual manufacturing defects that cause injury
- Beauty salon injuries – like chemical or physical burns
- Dangerous drugs side effects
- Asbestos injuries – Mesothelioma is a fatal disease caused by asbestos
- Hospital negligence
- Dangerous toys and playground equipment
- Injuries caused by dangerous furniture, fitness equipment and defective car parts
- Deceptive marketing.
A recent example of a plaintiff’s win for deceptive marketing is the $270 million settlement won by the state of Oklahoma against Perdue Pharma for their Oxycontin advertising. The state suit, which is one among many, claimed that “Perdue’s marketing efforts deliberately downplayed the addictive qualities of Oxycontin while overstating the treatment benefits of the drug.”
How Do I Build a Strong Product Liability Case?
Product liability cases are different from other personal injury case types. In defective product cases, you generally won’t have to prove negligence. The only evidence needed is proof of injury and proof of the product’s defect to meet strict liability standards. Then, it’s up to the manufacturer to prove that the product was not defective.
You may think you can do this yourself. However, it can get complicated. Product defects are usually not obvious. In defective product cases, you won’t need to gather circumstantial evidence to prove the manufacturer was negligent. However, you have to identify the defect that caused your injuries.
Subpoenas will need to be issued for design documents and design documents, depositions must be taken from the company’s product designers, independent product testing will need to be conducted and more. Expert testimony about the product defect can make or break your case.
The attorneys at McCoy & Sparks have recovered millions for people injured by defective products. Every single product liability case is different. To navigate the court system, find and hire experts and issue the correct subpoenas, Only a trusted product liability attorney can make sure everything is done correctly and help you receive the maximum compensation.
Trust McCoy & Sparks – Premier Personal Injury Attorneys of Nelson County
Recognized as Nelson County’s best law firm for over a decade and counting, McCoy & Sparks works to help people in trouble, representing thousands of clients in Central Kentucky with a focus on providing premium service and delivering superior results. Regardless of the type of case, our goal is to develop a strategy that best serves your personal needs, then draw upon our courtroom skills to help you reach the best possible result. We start by getting to know you. Next, we will explain all your options, giving you the pros and cons of each choice so that you will be empowered to make informed decisions. You owe us nothing unless we recover compensation for you. Make the right call to 1-502-348-9972 for a risk-free consultation with one of our attorneys today.