Millions of products are released yearly, ranging in type, size, and function. Typically, though, product liability lawsuits are filed for products falling within the following categories:
Pharmaceuticals
Toxic Food Products and Containers
Dangerous Childcare Products and Toys
Manufacturing Defects
Defective Vehicles
Design Defects
When these products or types of defects cause unsuspecting consumers harm, the consumer should not be the one to bear the full burden; those negligent parties liable for the unsafe product should have to take responsibility for the consequences.
After retaining us to represent you, we will thoroughly investigate what caused your injuries and identify all responsible parties. The five most common parties found to be responsible in product liability cases include:
Manufacturer of the product
Supplier/manufacturer of parts of the product
A party that installs or assembles the product
Wholesaler
Retailer from whom the consumer purchased the product
The law no longer requires the injured party to be the consumer who initially purchased the product. Any person whom the product could have foreseeably injured is entitled to seek compensation.
However, it is possible that you are partly to blame for your injuries. Fortunately, Kentucky follows the legal doctrine of comparative fault. This means that if you are found to be partially responsible, you may still recover compensation. But your compensation will be reduced in proportion to the percentage you were at fault for the accident.
For example, if you are found to be 10% responsible for your injuries, any award you received would be reduced by 10%. If the total compensation due to you is $100,000, you would only receive $90,000.
There are three theories of liability for product liability cases:
Strict liability – the victim only has to prove that the product was defective and was put into position to reach the consumer;
Negligence – the victim must prove that the defendant caused the defect in the product that caused the injury and
Breach of warranty – when the victim used a product as intended but was injured by it, and that product had a warranty saying that the product was safe for that use.
A seasoned attorney knows what types of compensation the law allows after a defective product accident. In general, you may be entitled to compensation for present and future medical expenses, including pain and suffering, lost wages, loss of enjoyment of life, and loss of consortium.
It is important to talk to a Kentucky attorney as soon as possible not to forfeit your right to seek compensation by waiting too long. In general, Kentucky law requires the injured party to file their lawsuit within one year of the date of injury. There are exceptions, which a knowledgeable attorney can explain to you.