According to U.S. Bureau of Economic Analysis (BEA) data, we spent over $14 trillion on consumer goods in 2021 as a nation. In Kentucky, we spent $184,053 million on those goods. With this level of spending comes implicit trust that the products we purchase are safe for our use.
But what happens when consumers are injured or killed by the goods we believe would improve their lives?
If a defective product causes personal injury, a Lexington product liability lawyer can help victims recover compensation for the medical bills, lost income, and other damages stemming from the serious injury. At Thomas Law Offices, we are here to provide seasoned legal counsel and give you some options after an injury.
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Do You Need a Lexington Product Liability Lawyer?
If the following criteria apply to your situation, you may need to partner with a Lexington product liability lawyer who can help you take legal action in the state of Kentucky:
- You purchased a manufactured product
- You used the product in the way it was intended
- The condition of the product did not change substantially before you were injured
- You sustained an injury or injuries
- Your injury was a direct result of a defect in the product
- Your injuries caused you to suffer damages
When a manufacturing, labeling, or design defect results in a faulty product, the user is put at risk.
The consumer’s trust in the product’s manufacturers and distributors is broken. Here are a few examples of the type of harm individuals can suffer when a defective product is marketed and sold to the public:
- Serious vehicle accidents that occur when an auto part malfunctions
- Home fires started by defective household appliances
- Poisoning among children who played with toys made from toxic materials
- Cancer in individuals who used cosmetics, sunscreens, or other products containing carcinogens
- Illness, infection, or loss of vision or hearing when personal protective equipment does not function properly
When situations like these happen, a lawyer specializing in product liability law can help you seek justice for the harm you’ve unjustly suffered.
What Is a Product Liability Claim?
Product defects can cause serious harm. However, getting fair compensation isn’t easy for victims to handle on their own. The complexities of product liability laws, the number of potentially liable parties, and the challenges of negotiating with powerful corporations and their insurers make these types of lawsuits difficult for even the best attorneys.
Product liability is an area of the law that keeps corporations responsible for the goods they produce and sell. A product liability claim holds the entities that design, create, and market products to a reasonable safety standard.
A claim allows the injured party to recover losses if that standard is not met. It also ensures that a company does not continue to produce products that injure consumers.
Your product liability lawyers can let you know if one or more of the following parties can be held liable in your case:
- The manufacturer of a product
- The company that manufactured a part of a product
- The product design company
- The company responsible for product assembly
- The product wholesaler
- The product dealer or retailer
Categories of Product Defects
There are three main types of defective products. They are categorized as caused by defective design, manufacturing, or labeling defects.
Almost all product liability claims will cite one of these three product defects:
- Defective Design. A design defect can make a product inherently dangerous before it is even manufactured. Design defects affect all products, not just one batch or a few isolated items.
- Defective Manufacturing. A mistake during manufacturing can compromise the integrity of one, several, or multiple batches of products. A product manufacturer has to guard against and watch for any manufacturing errors that can make products unsafe.
- Marketing Defects (Failure To Warn). Products with potential hazards must have adequate warnings. This category of defect may include:
- A lack of warning label
- Misinformation about the product’s intended uses
- Unclear instructions that could encourage improper use
- Inadequate information about possible side effects or other risks
- Misleading advertising
- Vague, missing, or incorrect directions for product usage
Regardless of whether your injuries were caused by design defects, manufacturing errors, or labeling defects, a qualified attorney can guide you through the entire process of your product liability lawsuit.
Examples of Commonly Defective Products
A Lexington product liability case can involve any type of consumer good that injures or harms the user. Examples of some of these products include:
- Medical devices
- Prescription medications
- Power tools
- Lawn and agricultural equipment
- Pesticides and agrochemicals
- Children’s toys
- Household cleaning products
- Food and beverage products
- Auto parts
Common Personal Injuries from Defective Products
If a defective product seriously injured you, you may be entitled to compensation for your economic and non-economic losses. Under rare circumstances, your case may also warrant punitive damages, which are awarded in addition to compensatory damages to punish the defendant.
During a case evaluation, an experienced lawyer can advise you whether punitive damages may apply.
The following are some of the most common physical injuries suffered by victims of a defective product incident:
- Burns
- Lacerations
- Broken bones
- Facial disfigurement
- Loss of limb
- Blindness
- Loss of hearing
- Head and brain injuries
- Spinal cord damage
- Internal organ injury
- Poisoning
- Cancer
- Chronic illness
- Wrongful death
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.
Compensation
To calculate the full compensation amount to which you are entitled, your attorney will examine both the economic and non-economic losses resulting from your injuries.
Financial Injuries often include:
- Medical bills
- Lost wages
- Lost future earnings
- Property damage
- In-home care costs
Non-economic Injuries may be harder to define but commonly include:
- Pain and suffering
- Loss of enjoyment of life
- Emotional anguish
- Inconvenience
Let Us Fight for You at Thomas Law Offices
At Thomas Law Offices, we know that manufacturing errors and marketing defects have the power to severely impact a consumer’s life.
Our Lexington product liability lawyer will fight to recover maximum compensation for your losses. Through our experience across multiple practice areas, we know how to help you get a full and fair settlement that lets you and your family move forward after an injury.
Contact us today for a free case evaluation.
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