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
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 …
Product liability negligence happens when the designer, manufacturer, or distributor of a product causes injury to person or property by failing to live up to a certain standard. There is a duty to make sure safe products are produced for an intended purpose. Making an unnecessarily dangerous product or failing to take proper steps to …
Strict liability tort means that a person has violated a specific statute causing injury or the defendant was engaged in a dangerous activity that caused injury. Strict liability is often included in Complaints by a personal injury lawyer when the Defendant does something that is specifically prohibited by law. For example, if a gas station …
Safety is important in a product because no company or person has the right to put profits over people. The law in Kentucky holds companies liable under product liability law for unnecessarily harming people. If a product can be made safe than it should be made safe to avoid injury. Failing to make a product …
In Kentucky companies or persons responsible for manufacture, construction, design, formulation, development of standards, preparation, processing, assembly, testing, listing, certifying, warning, instructing, marketing, advertising, packaging or labeling of any product are responsible for making the product safe. Really this means the company that designs, makes, or sells the product is on the hook for damages …
You can sue for injuries that resulted from a malfunctioning product. To have a case you must be hurt. The statute of limitations on a case like this can be as short as one year. Hiring an experienced products liability or personal injury lawyer is a wise move. The lawyer will sue all those involved …