Louisville Product Liability Attorney

In Kentucky, the news reports product recalls on a regular basis when a manufacturer determines that the item in question may be hazardous to consumers. Product recalls arise when a consumer sustains bodily injury, damages to personal property, or death as a result of a defunct product. These often lead to the individual filing a lawsuit. According to Kentucky law, a manufacturer is accountable for reparations when these injuries or damages may be the result of any product that has faulty:

• Manufacturing, construction, or design
• Formulation
• Development of standards
• Preparation, processing, or assembly
• Testing, listing, or certifying
• Warnings or instructions
• Packaging, labeling, marketing, or advertising

If any of these aspects of a product are not in keeping with industry standards and federal safety regulations, an individual who suffers as a result of the use of the product can take legal action against the manufacturer.

It is important to note that Kentucky product liability law states that in order for an individual to take legal action, they must have been using the product appropriately as instructed by the manufacturer. Injury sustained as a result of the misuse of a product is not protected by law. Additionally, an individual may not be able to file a claim if a product was modified from its original form without approval by the manufacturer, or if regular maintenance was not done in keeping with the manufacturer’s instructions.

There are also some time caps to consider in product liability cases in Kentucky. A claim cannot be made if five or more years have passed since the sale of the product to the first consumer, or if eight years have passed since the product was manufactured. For these reasons, it is best to consult a Louisville product liability attorney as soon as an injury or damage to property occurs to ensure that timelines are met, and a case can be made against the manufacturer.

If you reach out to McCoy & Hiestand, PLC and we decide to move forward and help you pursue your claim, we will start by determining who the at-fault parties might be named in a lawsuit. The manufacturer of the product is the first place to start. However, there could be more than one defendant named in the case. Here are some of the other parties that could be held responsible in your product liability case:

• Supplier/manufacturer of parts of the product
• The person who installs or assembles the product
• Wholesaler
• Retailer who sold the product

Because Kentucky applies comparative fault, there could be a situation where you might be held partially responsible for your injury. That means if you’re found to be 20% at fault, you would only receive 80% of the final award amount.

Your product liability lawyer in Louisville will also need to establish which theory of liability would apply to your claim. Here are the three categories to consider:

Strict Liability

This is the most direct liability theory. In this scenario, the victim has to prove that the product that caused their injury was defective, and the at-fault party directly provided access of the product to the victim.

Negligence

In this scenario, the victim must prove that the at-fault party is responsible for the defect in the product that caused the injury. This is most common in cases such as food poisoning or harmful medication side effects.

Breach of Warranty

Many manufacturers provide a warranty that states the product is safe to use. If the consumer follows the instructions for how to use the product and it still causes injury, that would be considered a breach of the warranty.

Contaminated meats, exploding phones, top-heavy dressers that topple easily, malfunctioning airbags in cars—these are just some examples of ways products may be defective and pose hazards to consumers. Explosions and fire hazards may be causes of damage to personal property as well.

As a consumer-driven society, people are using new products every day, which means that there is always a risk of injury as people must discover faults through the use of the product. Infants and children are the most vulnerable in many cases of defective products with small toys that pose choking hazards and large furniture falling on them.

There are many ways a defective product can cause injury. The most common types of injury risks caused by defective products are:

• Burns
• Electric shock
• Choking
• Lacerations
• Unlisted medical side effects
• Head trauma
• Falls

In extreme cases, defective products can cause a fatality. The death of a loved one can cause a family to experience deep grief and may have a huge impact on their lives. In these unfortunate cases, having legal representation, such as a Louisville product liability attorney, can help assure that there is accountability on the part of the manufacturer and that the individuals affected receive adequate financial compensation.

Kentucky requires residents to file any type of personal injury lawsuit within one year of the injury. When a defective product causes injury, damages to property, or even death, it is important to take action and exercise consumer rights. Suffering physical harm after using an item that was purchased to improve a person’s quality of life can be a frustrating and distressing experience. Manufacturers must be held accountable to consumers when their products are hazardous.

If you are in a situation requiring legal counseling for a product-related injury, contact us today to learn how a Louisville product liability lawyer can help.