Product Liability Claims
In Lexington, KY, there are generally three legal theories under which a defective product case may be handled. You will need to speak with an experienced lawyer to learn if you have grounds to take legal action based on one of these doctrines.
Strict Liability Laws
Most faulty product cases in Kentucky involve strict liability. This means that the manufacturing company is responsible for its product and any harm it causes, even if it didn’t intentionally cause that harm.
This doesn’t require your lawyer to prove that a company was negligent, but instead, they need to show that the product was defective, that you were using it as it was intended, and that the product was not significantly changed in any way between the time it was manufactured or sold and the time of your injury.
Negligence Laws
In a lesser number of cases, your law office may advise that your case would best be handled by working to prove negligence on the part of a manufacturer, retailer, wholesaler, or other party in the distribution chain. This requires proving that an entity owed and breached a duty of care.
In some situations involving a defective medical device or dangerous drug, negligence in the form of medical malpractice may be a factor.
Breach of Warranty Laws
Express warranties (specifically stated guarantees) and implied warranties (implicit guarantees that a product is not defective or improperly labeled) promise that a product will perform in a certain way.
In some cases, the law firm representing you may recommend pursuing compensation under the breach of warranty.