Products Liability

What is the most common cause of action in a product liability claim?

Can I sue for a defective product?

You can sue a manufacturer for a defective product. A consumer may also hold a company liable for breaching an implied or express warranty. You may need to prove the breach of warranty caused you serious harm or prevented you from conducting business to be awarded a settlement for damages.

What do you have to prove in a product liability case?

The plaintiff can bring a product liability claim under negligence if the manufacturer or seller owed a duty to provide a safe product, did not and the breach of duty was the cause of the plaintiff’s injury.

What are the three main types of product defects that can result in product liability?

Design defects, Manufacturing defects, and Marketing defects.

What is product liability tort?

If you are harmed physically or suffer property damage from defects of a product you purchased, you may be able to sue for product negligence. Dangerously Defective or Unsafe Products means a vendor may be liable for prosecution if the product is Dangerously Defective or Unsafe and has caused an injury or damages that require a settlement to restore.

How does a Recall Affect a Defective Product Injury Claim?

In many cases, if a defective product is purchased and has caused your injury or injured a loved one, you have the right to sue for compensation regardless of whether or not the manufacturer issued a recall. A recall does not protect manufacturing companies from facing the consequences of releasing a defective and dangerous product to the public but it does hopefully reduce the number of injuries from known defects by removing the product from the market as quickly as possible.

Can I sue for damages from a Defective Product that caused damages or Injury?

In order for a plaintiff to recover damages in any type of personal injury case, including a products liability lawsuit, the plaintiff has to have suffered some type of legally compensable injury.

Frequently Asked Questions About Products Liability

This blog post discuses the different types of product liability cases in Kentucky. A product liability case involves the manufacture, distribution, sale, or other use of a product.  This can be something as simple as a knife or as complicated as a seven-ton crane.  When most people think about product liability cases things like defective …
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Plaintiff’s win product liability cases against manufacturers when the damages or injures are high. When this occurs it makes sense to outlay significant capital to prosecute the case against the manufacturer. If the damages are small you probably won’t find a lawyer to take your case.

There is no set time frame to settle a product liability lawsuit. Some cases take months others can take up to a decade. Each case is fact specific. This means the damages, the parties, and the liability changes depending on what happened. Trying to predict the average case is impossible because there is no average. …
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If the product that injured you was old, received second hand, or as a gift you still might have a case. Speak to an experienced personal injury lawyer. Keep the product for evaluation. Just because it was a gift doesn’t mean the product can be unsafe.

In a defective products case you can recover medical expenses, lost wages, loss of future income, past/present/future emotional and physical pain and suffering. You could also recover property damage under certain circumstances. A personal injury lawyer or products liability lawyer will evaluate your case for damages. The consultation should be free.

A manufacturer is liable for injury caused by a defective product when the product is manufactured in a negligent or shoddy manner. This means the manufacturer needs to produce the product in a safe and reasonable manner. Failing to do so means that the manufacturer can be sued. Going cheap on materials, making something too …
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More FAQ About Products Liability