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
If you are injured or a loved one is killed by a defective product it is important to hire a personal injury lawyer or file a lawsuit before the statute of limitations expires. The claim will be against the company or persons involved the design, manufacture, or sale of the product. Your lawyer will file …
To prove a product liability case in Kentucky you must show that a company or person put a defective or dangerous product in the stream of commerce and hurt someone. There are a variety of potential defendants including those involved in manufacture, construction, design, formulation, development of standards, preparation, processing, assembly, testing, listing, certifying, warning, …
A plaintiff need to prove injury to bring a product liability claim. That is the first step in any lawyers evaluation of your case: are you hurt? From there the lawyer will look at the product and determine if it is defective, unnecessarily dangerous, or otherwise unfit. If the product liability claim is taken by …
It is hard to take on a product manufacturer in a legal case. The manufacturer probably makes money on the sale of the product and would like to continue doing so. They will hire lawyers to defend them and potentially drag out the case. A personal injury lawyer or products liability lawyer will prosecute the …
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.
Under Kentucky Law a product liability cause of action shall include any action brought for or on account of personal injury, death or property damage caused by or resulting from the manufacture, construction, design, formulation, development of standards, preparation, processing, assembly, testing, listing, certifying, warning, instructing, marketing, advertising, packaging or labeling of any product. The …