When you pay for a product, you expect it to work as advertised. Unfortunately, that is not always the case. When a product fails to perform as expected, it can cause serious damage.
If you have been injured or sustained substantial property damage due to a defective or dangerous product, it is essential to seek counsel from an attorney with experience handling product liability cases.
This is a specialized area of law, and the right course of action can not only help bring relief to your situation, but can also help keep the producer of the defective products from injuring others in the future. Luckily, a knowledgeable Bardstown product liability lawyer can guide you through the process toward a full recovery. To get starting on your injury claim, consult with a personal injury lawyer in Bardstown today.
Products and Defects Covered Under the Law
Any consumer product sold in the public marketplace can be the subject of a product liability lawsuit. Some of the most common are medicines, toys, appliances and food. These can be defective in a number of different ways.
The product could have a flaw in its design that renders it defective, or it might have been designed satisfactorily but manufactured in a sub-standard fashion. Or even though it was designed and manufactured correctly, the product might suffer marketing defects such as:
- Errors in labeling
- Mistakes in the instructions
- Exaggerated marketing claims
- Faulty or inadequate safety warnings
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Product Liability Laws
In Bardstown, the laws governing defective or dangerous products come from a number of different sources. Some of these laws are based on warranties, either expressly written out by the manufacturer or implied by the sale of a product.
Other laws are based on negligence and the standard of care product manufacturers and sellers owe to their customers. Some others are based on theory of strict liability. One aspect that these sources share is the requirement of causation. In order to recover, the injured party must prove that the defective product caused the harm and a Bardstown product liability lawyer can help.
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Who Can Be Held Responsible
When a defective product causes harm, the liability may rest with any number of different companies or individuals who were part of the product’s chain of distribution. This includes:
- The manufacturer of the product
- The assembler of the product
- The party who installed the product
- The company the manufactured components of the product
- The party that sold the product, either at the wholesale or retail level.
Sometimes, a legal doctrine called “res ipsa loquitur” comes into play. This Latin phrase means that “the thing speaks for itself,” which says that the defect would not exist unless some party had been negligent. When this doctrine is in effect, there is an assumption of negligence and the defending party must attempt prove that it was not negligent.
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This particular area of law is best handled by a firm and product liability lawyer in Bardstown with a proven track record in product liability cases.
The number of applicable different legal doctrines, potentially responsible parties, and burden of proof issues can be all be assessed in your case by an experienced Bardstown product liability lawyer. If you have suffered damage due to a defective product, contact an experienced Bardstown product liability attorney to get the compensation you deserve.
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