Our law firm has helped numerous clients injured as a result of defective products. Our attorney roster includes highly experienced lawyers who have achieved large verdicts and settlements on behalf of clients with product liability claims. As a consumer, you have rights, and our goal is to protect those rights.
State and federal consumer protection laws require that companies design and build products that are safe for use by the public. If a product can be shown to be unsafe in anyway that was foreseeable by the manufacturer, either as a result of its design or as a result of a faulty manufacturing process, then we can file a defective product claim in court. If you have been injured by a defective product, contact our office today. An attorney from our firm can review your case and determine your eligibility for damages.
What Is Product Liability?
The phrase “product liability” refers to the liability of any or all parties involved in the manufacture or sale of a product for any harm or damage that it causes to a consumer. These parties may include the designers and manufacturers of the primary and secondary components, the wholesaler, and the retail provider.
Types of Product Defects
A product can be considered defective if it has a serious flaw in its design, manufacturing process, or marketing that should have been identified and addressed.
- A design defect is one that occurs in the conceptual and planning phases of a product before it is ever manufactured. Even if the product can fulfill its intended role, if it can be reasonably demonstrated that the product is inherently dangerous or risky to its user, it may be considered defective.
- A manufacturing defect is one that occurs after the product has been designed, during the actual construction and assembly of the product. This type of defect may result from the use of unsafe materials or unsafe manufacturing techniques that make a product deviate from its intended design.
- A defect in the marketing of a product is oftentimes referred to as a “failure to warn;” in marketing defect cases, the designer or manufacturer of a product was or should have been aware of a potential danger and failed to warn the consumer of it.
Any of the above defects in a product can be a suitable basis for filing a product liability claim on the grounds of strict liability, breach of warranty, or in some cases, though it often is not necessary, negligence.
Our attorneys can review your case today and determine your eligibility for damages. Please feel free to contact our law firm to schedule a free consultation today.
Strict Liability
Strict liability is a doctrine that holds that the defendant is wholly liable for the product that it sells. Negligence does not need to be proven in a strict liability case, as the degree of care taken by the manufacturer, whether great or minimal, is irrelevant in deciding the outcome of the case. Rather, the end result is the ultimate matter to be judged: did the product or did it not malfunction and cause an injury while being used properly? If a product is deemed unsafe, states that adhere to the doctrine of strict liability hold that the designer or manufacturer of that product is automatically and unconditionally liable for the injuries that it causes.
Do I Have A Case?
If you have been injured by a product because of a defect or a foreseeable risk that the designer or manufacturer did not make you aware of, you may have a product liability case. Any design, marketing, or manufacturing defect that results in injury or other damage can lead to a product liability case. Our experienced attorneys can help you understand your rights and explain how the consumer protection laws of Kansas and Missouri relate to you. If you believe that you have been injured as the result of a designer’s or manufacturer’s failure to warn you of a foreseeable risk or danger, or if a defective product has caused you suffering, please contact our offices today.