Ashland & Paintsville Defective Product Attorney
Defective product personal injury cases vary widely. There are a number of ways you can sustain an injury from a defective product, and in some cases, the manufacturer or retailer may be held liable for your injuries. Contact an experienced defective product attorney to find out if your injury may qualify for a civil claim.
In general, defective product lawsuits fall into three different categories. All states, including Kentucky, require that you prove two key points: (1) that the product was defective, and (2) your injury occurred as a result of the product’s defectiveness. The three common types of product liability claims are:
When a product is manufactured defectively from the start, it is considered a defective manufacture. If the product caused your injury, you have the right to claim damages. Essentially, the manufacturer is held liable because there was a mistake when the product was made. For example, if you took over the counter medication that was defectively manufactured, and it caused injury, you can file a claim. If you purchased a new vehicle that had something wrong with the engine, it could be considered defectively manufactured if it leads to a car accident.
Defective design occurs before the product is even manufactured. When a product is designed and is generally unsafe, it means every product in the entire line is considered defective. Unlike defective manufacturing, where only one product is defective by mistake, defective design means the initial design of the product has been unsafe from the beginning.
For example, if a line of children’s toys is discovered to have a choking hazard, which the manufacturer did not notice, it can be considered defective design. If a certain type of laptop has a tendency to overheat and catch on fire, causing a burn injury, it may have been defectively designed.
Failure to Warn
The last type of defective product claim is a failure to warn consumers about a danger. This can mean the product did not come with a warning label or instructions for proper use. If a product is unsafe to use for any reason that is not obvious, it is the manufacturer’s responsibility to warn consumers about it. Failure to do so is considered negligence. An over the counter medication without a warning label for side effects is an example of failure to warn.
The Complexity of Product Liability Cases
You will have to prove negligence regardless of the category the defective product claim falls under. Negligence here does not necessarily refer to a deliberately negligent act, but rather a manufacturer’s failure to adhere to certain standards. You will need to prove the product was, in fact, defective and that it led to your injury. If you took over the counter medication and it caused injury because you took it in combination with another drug, the claim will be based on whether or not the manufacturer had a duty to you.
If the medication’s label did not warn about mixing the medication with other drugs, it would be considered failure to warn. If the particular batch of medication interacted with other drugs when it normally was not supposed to, it could be considered defective manufacture. As you can see, product liability cases can be particularly complex. They require a substantial amount of research and evidence. An attorney experienced in product liability claims will guide you through the process.
Defective Product Lawyers in Kentucky
The Salyer Law Office is based in Paintsville, Kentucky, and serves clients in Paintsville and surrounding communities. We will help you collect the information needed to substantiate your defective product claim. Whether your injury was a result of defective manufacturing, design, or failure to warn, we have ample experience handling product liability. We have the time and resources to bring cases against large-scale manufacturers, and we know how to handle the complexities of a product liability case. Contact us today.