Dodge City Product Liability Lawyers
The world isn’t as safe a place as we’d like to imagine. The unfortunate reality is that every day people are hurt or even killed by widely available products that contain dangerous defects or substances.
Under the law, manufacturers, distributors, and retailers could be held responsible for injuries and damages caused by their products. If you have been injured by a product while using it as intended in Dodge City, you may be able to recover compensation for your injuries. Our attorneys have experience dealing with these cases and have a network of experts who can analyze the facts of a case and hold any negligent parties responsible.
What Is Product Liability?
A product is considered defective in the legal sense if it can cause injury due to a design or manufacturing issue. A product could also be considered defective if it was marketed or labeled in such a way that it became dangerous.
The area of law that deals with defective products is referred to as product liability. The law in this area is meant to protect consumers and prevent companies from putting dangerous products on the market. Generally speaking, product liability law addresses three kinds of dangerous defects:
Design Defects
These are flaws in a product that appear before a product is made into a physical item. These products are inherently unsafe. Even the best manufacturing and marketing practices won’t prevent these products from being dangerous. For example, a children’s toy that features razor-sharp edges would be considered a design defect.
Manufacturing Defects
These are flaws in a properly designed product that were created during the manufacturing process. All manufacturers have quality control processes in place to prevent manufacturing defects, and most manufacturers are subject to oversight from government regulators.
That said, production flaws can slip through the cracks, and a manufacturer could be held responsible for any production-related mistakes that cause damage or injury. For example, a box of pancake mix that accidentally includes powdered cleaner would be considered a manufacturing defect. While the recipe for pancake mix may have been perfectly safe, a production mix-up may have led to cleaner getting into the box.
Marketing Defects
These are flaws in a properly designed and manufactured product that stems from bad labeling, misleading instructions, or poor safety warnings. These flaws are often the result of oversight on the part of the manufacturer, which may not have anticipated confusion caused by their products. For example, a supplement that causes allergic reactions in some people may have had inadequate warning labels.
People living in western and central Kansas injured due to one of these defects should contact our Dodge City product liability lawyers to seek compensation.
Common Types of Product Liability Cases in Dodge City
According to a recent report posted by Law.com, more than 5,800 product liability cases were filed in federal courts in 2022, the highest number since 2013. The report authors said cases related to defective pharmaceuticals and medical devices were driving the high numbers. They added that defects related to vehicles, aircraft, and asbestos were also contributing to the high number of cases being filed.
There also may have been a backlog of cases pent up by the pandemic. According to insurance provider Insurance Canopy, most of the cases the company handles are related to manufacturing defects.
Strict Liability for Defective Product Injuries in Dodge City
Many claims are made based on the doctrine of strict liability adopted by the Kansas Supreme Court in 1976. Under this doctrine, a plaintiff does not need to establish misconduct or negligence. To prove their claim, a plaintiff must “impugn the product” by establishing three facts:
- An injury was caused by the product’s condition
- The product’s condition caused it to be unreasonably dangerous
- The dangerous condition was present when the product released by the defendant
A company may have made every effort to design, manufacture, and safely market a product, but the application of all due care is not relevant for strict liability claims. Product manufacturers, retailers, insurers, and other companies are constantly pushing back against strict liability in an attempt to minimize product liability lawsuits.
Kansas court actions can also limit the scope of product liability claims. For example, the Kansas federal court recently declined to compensate injury victims, citing illegal use of the product by the victim. In Messerli v. Aw Distrib. Inc., the court applied Kansas’ illegality defense and said the victim was violating the law when their death was caused by inhaling toxic fumes from keyboard duster canisters.
While this defense had been applied to other tort claims, Messerli v. Aw Distrib., Inc. marked the first time a Kansas court applied it to a product liability claim. The decision is in keeping with similar ones made by courts across the country that have refused to compensate for injuries that stem from a victim’s illegal activities.
How to Prove Product Liability in Dodge City
Victims of defective products can pursue compensation outside of strict liability. Put simply, a manufacturer, distributor, or retailer can be held liable, if a product was unreasonably dangerous, it caused an injury while being used as intended, and the product had not been altered in any way.
Product liability cases can be very expensive and lengthy because they typically involve high levels of detail and complexity. Locally, Dodge City product liability lawyers will investigate the business involved, the background of the product, the reasonable use of the product, and issues related to the injuries and damages caused by the defective product. They will also often retain experts to help with the initial investigation and any court proceedings.
A legal team must carefully consider the selection of product experts. This requires assessing credentials, conducting interviews, and evaluating prior testimonial experience. The ideal expert has significant product experience outside of a product liability setting. If the expert is going to appear in court, they should be likable and be able to teach a jury about the subject matter.
While expert conclusions persuade juries, they are more persuaded by hard evidence and exhibits that they can understand. A good expert can also relay a story about the lack of care provided by a company, possibly by explaining prior claims or complaints related to the product.
Once an expert has been retained, they will inspect the product that caused the injuries or damage. If the actual product isn’t available, the expert will examine an exemplar product. They will also review designs for the product and any documentation related to the claim, including its development, production, and marketing.
In addition to having an expert conduct an analysis, product liability lawyers will research the history of the product and any other claims that were made against it. Attorneys will be particularly interested in the number of claims and severity. They will also determine if any claims were filed with an official agency. Product liability attorneys will also look for any design changes that were made to the product and the practical impact of these changes. Product liability lawyers must also determine if the product was altered in any way after it left the defendant’s control.
After getting a comprehensive understanding of the product in question, product liability lawyers will perform an evaluation of the injuries and damages that were sustained. This typically involves evaluating medical records and police reports. This documentation will describe the events of the accident, all observed injuries, prior medical history, and a toxicology report if any drug screens were performed.
Assessing the full extent of damages may require the retention of medical experts who can describe the extent of the injuries and their full impact. This information will be used to determine the extent of compensation that should be sought.
A legal team will also collect other types of evidence, which may include:
- Any photographs of the product, accident scene, damages, or injuries
- Any owner’s, service, and installation manuals
- Warning labels on the product on similar competing products from the same time period
- Recall notifications
- Service bulletins
- Worker’s compensation and insurance claims made by the claimant or others who were also hurt by the same product
It is critical to obtain this information at the outset of a claim investigation so that evidence can be preserved and a legal strategy can be developed. When the hard work is done upfront, the claimant and their legal team can collaborate effectively to recover the needed compensation.
Gathering evidence helps to solidify the claim and determine the optimal timeline for resolution and the possibility of reaching a settlement rather than going to trial. Each product liability claim can vary, but conducting due diligence upfront will always lead to the most efficient process and most effective outcome.
It’s important to point out that there are limitations to product liability law. First and foremost, a claimant must have been ignorant of the defect before using the product. If a claimant knew about the defect and uses the product despite this knowledge, it could nullify their claim or limit the amount of compensation they recover. There are also statutes of limitations for bringing a claim. In Kansas, the statute of limitations for a product liability claim is two years from the date of the accident or from the date on which the full extent of unknown injuries was discovered.
What To Do If a Defective Product Has Injured You in Dodge City
If a defective product hurts you, you’d like to think that you simply need to contact an attorney, and you will receive the compensation that you need to recover. Unfortunately, companies and their insurers fight hard against injury claims, and if you don’t take the proper steps, you run the risk of your claim being diminished or dismissed.
The first thing to do is look after your health and safety. If you suspect your injuries are severe, seek medical attention immediately. If you don’t need immediate medical attention, you should still get a full examination to document the full extent of your injuries.
Once your health and safety are no longer at risk, you can start considering a potential personal injury claim. Start by keeping the defective product. This can be difficult if you have to go to the emergency room or if you don’t have access to the product. For example, if you were injured during a flight by a defective part of the plane, it will be hard to keep that physical evidence.
If you are able to collect evidence, do not tamper with it, and keep it in a safe place. If you file a claim, don’t let anyone else touch it outside of your legal team and any experts they have retained. A manufacturer or retailer may ask to inspect the defective product and tamper with it once it’s in their possession.
If you require ongoing medical attention, keep all of your appointments and follow all doctor’s instructions. Failure to treat your injuries can reduce your compensation or completely nullify your claim. For example, if a defective pharmaceutical injures you and you don’t take steps to take care of your health, a drug company can effectively argue against your claim.
In western and central Kansas, having one of our Dodge City product liability lawyers on your side can help you file an effective claim. Our attorneys have experience with Kansas laws and these types of legal issues. We can recommend steps for you to take and help you avoid missteps. Our legal experts can negotiate with companies and their insurers to get a quick settlement. We are willing to take your case to trial if we cannot reach a satisfactory settlement.
Let Our Dodge City Product Liability Lawyers Fight for You
At Bretz Injury Law, our Dodge City lawyers have extensive experience with product liability claims and understand what you’re going through. If you or a loved one has been hurt by a defective product, contact us online today or call 620-RESULTS.
