Unsafe Products Can Cause Serious Injury
You should be able to trust the products you purchase are safe if used as directed and designed. Unfortunately, children and adults are injured while using consumer products at home, in schools, and in the workplace. When an individual is injured while using a consumer product, he or she may make a claim for damages through a product liability lawsuit.
Product liability is the means by which a seller, distributor, supplier, or manufacturer is held liable for introducing a defective product into people’s lives. Product liability cases can result from almost any type of defective product, with some of the most common being:
- Machinery and power tools used by workers, including mining equipment;
- Automobile seat belts, air bags, or other car parts;
- Children’s products, including toys, car seats, and cribs;
- Pharmaceutical drugs;
- Cosmetics and personal hygiene products;
- Tobacco products;
- Construction equipment.
Rhoads & Rhoads has been protecting the rights of the injured with our primary practice area of law focusing on personal injury throughout Western Kentucky for over 45 years. If you or a loved one has been injured as a result of a defective product, our team of experienced trial attorneys and knowledgeable support staff are available to provide you legal advice and help you through this difficult time to get you the financial recovery you deserve.
Three Types of Product Liability
Three major types of product liability injury claims exist. These are not usually put forward as claims in and of themselves, but are placed within the theories of negligence for product liability.
A design flaw or defect. A design defect exists when the product’s underlying design is inherently dangerous or useless. A design flaw renders the whole line of products defective regardless of how carefully the products were manufactured. Design defects are proven if one can show the product does not meet “ordinary consumer expectations” for a safe product or that the risks of the product outweigh any potential benefits.
A manufacturing flaw or defect. A manufacturing defect is created when a safely designed product is not manufactured according to plans and specifications. Manufacturing defects would include the use of poor quality materials or poor workmanship.
Failure to warn (sometimes called “marketing defects”) Sometimes a properly designed and manufactured product has inherent non-obvious dangers even when used for its intended purpose. In the face of such dangers, a product must come with appropriate warnings in order to alert consumers of the possible dangers. A good example of this is a warning to keep toys with small parts away from children under a particular age (usually three). The toy itself may be properly designed and manufactured, but due to the likelihood of a small child putting the toy in its mouth, there may be a choking hazard. The toy company is required to warn consumers in these cases.
Defective product cases can be very complex and expensive, especially since the opposition is usually a large company with a whole department full of lawyers and legal staff. You need a law firm with substantial experience and resources to protect your rights. Rhoads & Rhoads has a reputation for being an aggressive personal injury firm that gets results, and we genuinely care about you, your family, and ensuring you are compensated appropriately for the injuries you have sustained.
Owensboro and Madisonville Product Liability Lawyers — No Recovery, No Fee
With offices in Owensboro and Madisonville, Rhoads & Rhoads represents product liability victims throughout Western Kentucky. We offer free initial consultations, and all cases are taken on a contingency fee basis, which mean there is no payment required up front to assist with your legal issues. We get paid only if we win or settle your case, so there is NO RISK involved.
Call us at 888-709-9329 or contact us by e-mail to schedule an appointment with one of our Madisonville or Owensboro personal injury attorneys.