Overland Park Product Liability Attorneys
Experienced help when you’re harmed by a defective product in Kansas
As consumers, we place a major amount of trust in the hands of manufacturing companies. Whether we are buying baby toys or medical devices, we expect our products to function properly. Some of the products we purchase, however, have the potential to cause serious injuries if they are defective or contain a safety flaw from the start.
When it is discovered that a product contains a defect that can cause monumental harm to a consumer, the manufacturer can be held accountable for any injuries under product liability law. When companies put defective and dangerous products on the market, consumers are within their right to hold them accountable for their injuries.
At Kansas City Accident Injury Attorneys, our experienced Overland Park product liability attorneys have been fighting for injured consumers for over 30 years. We work with product safety experts who can demonstrate why a product is defective, why it’s dangerous, and how it caused you injury, and call upon your doctors to show the ways your injuries have changed your life. We have a strong track record of success negotiating settlements and obtaining substantial verdicts before juries.
What are the different types of product defects?
According to the National Safety Council (NSC), in 2020 nearly 11 million people were treated in emergency departments for injuries related to consumer products. The majority of consumers who were injured were young children and older adults, two of the most vulnerable groups.
Any type of product is capable of experiencing a defect and causing harm to a consumer. For a product to be considered defective, it must be proven that the product contained a safety defect that made the product unusually dangerous. There are three different types of product defects:
- Design defects. These are present in the product from the beginning of the process. With these types of defects, there is something about the design of the product that makes it inherently unsafe. One example of a design defect might be a toy marketed to infants with parts small enough to be choking hazards.
- Manufacturing defects. These types of defects happen during the product’s manufacturing process. These defects can occur regardless of how careful manufacturers were during the design process. One example of a manufacturing defect is a bottle of prescription drugs becoming tainted at the packaging facility.
- Marketing defects. These types of defects happen when manufacturing or distribution companies fail to properly label products or offer improper instructions and safety warnings. One example of a marketing defect would be a curling iron without user warnings included.
Why are product liability claims so serious?
Even though any product can be defective, there are some that can cause severe harm or even death. For example, some medical devices, like bed rails, are designed for older adults who need additional assistance getting in and out of bed. If these products are defective, they can cause falls, broken bones, and strangulation. Young children are open to the same types of injuries, especially with toys. Defective and dangerous children’s products can result in catastrophic trauma, from traumatic brain injury to choking to burn injuries.
Do I have a case?
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Who can be held liable when I’m injured by a defective product?
Several parties may be held liable for injuries caused by defective products, including the manufacturer. Regardless of the industry, every company has a legal obligation to provide a safe product for the general public. If their product was responsible for the consumer’s injury, then they can be held liable for their negligence.
Another party that can be held liable for your injuries is the distribution company. Any party that played a role in distributing the product, introducing the product to the marketplace, or selling the product can be held liable for a consumer’s injuries.
What is strict liability?
Strict liability is a legal concept that penalizes multiple parties for a victim’s injuries, regardless of whether the party was discovered to act with negligence. Strict liability applies in situations where a victim is injured by a defective product. Under strict liability, you need not prove negligence, only that:
- The product had a defect
- This defect made the product unreasonably dangerous
- The defect caused you injury and losses
What is negligence?
Another legal concept that can help hold parties liable for product liability claims is negligence. When a person or party acts in a careless manner or fails to exercise a specific duty of care, they can be held liable for the injuries they cause under the theory of negligence. To prove negligence, you must show:
- Duty. The defendant owed the victim a legal duty or obligation.
- Breach of duty. The defendant failed to act or acted in a reckless manner, essentially breaching that duty.
- Causation. The defendant’s actions or failure to act were a direct cause of the victim’s injury.
- Damages. You suffered harm due to the defendant’s action or lack of action.
How can an Overland Park product liability attorney help?
At Kansas City Accident Injury Attorneys, our personal injury lawyers work with high-quality product safety experts to determine how your accident happened, and why it should have been avoided. When manufacturers place their profits ahead of your safety, you have the right to hold the manufacturers accountable. We also:
- Review whether the product was subject to any federal recalls or recalls by the manufacturer.
- Review whether any federal or state regulations govern the production or use of the product.
- Research whether there were any prior complaints against the manufacturer, including any class action lawsuits.
- Determine the responsible parties for your injuries and the appropriate avenue to pursue your case.
Is there a product liability attorney near me?
Kansas City Accident Injury Attorneys maintains offices in Overland Park at 11900 College Blvd, next to Central Bank, through appointment. We also have additional offices throughout Kansas and Missouri for your convenience.
Skilled Overland Park defective product lawyers
Product liability lawsuits are complex cases. Manufacturers often fight them aggressively because the odds are that the product that caused your injuries has already injured many others, and one loss in court can cause an avalanche of lawsuits to follow. However, our Overland Park product liability attorneys are ready to take on these negligent manufacturers. At Kansas City Accident Injury Attorneys, we fight to hold manufacturers, distributors, and retailers liable for defective products when they cause injury. Call us today at 816-290-7621 or fill out our contact form to schedule your free consultation.
Overland Park Office
11900 College Blvd, Suite 301
Overland Park, KS 66210