Hays Product Liability Lawyers

When we buy or use a product, we expect two things. It should work as advertised, and it should be safe to use. When an unexpected defect causes a product to become dangerous and cause injury, that product has fallen short of consumer expectations, to say the least. More importantly, people injured by defective products can seek compensation by taking legal action against the party responsible for the dangerous defect.

We would like to think we can trust the products that we purchase or use in our everyday lives. Unfortunately, many people are hurt by defective products. In 2022, 12.7 million people went to the emergency room for injuries related to a consumer product. Many of the injuries were suffered by the most vulnerable people in our population: older adults and young children. Even the most mundane products are capable of causing harm when they have a serious defect.

What Is Product Liability?

The term “product liability” refers to the area of tort or civil law that covers defective products. Under product liability, anyone who has been hurt by a defective product can take legal action against the individuals or parties responsible for the dangerous defect. This can include product manufacturers, parts manufacturers, assembly manufacturers, wholesalers, retailers, supply chain companies, and marketing companies. We typically think of consumer products as items that can be purchased in a retail store, but product liability law can include intangible substances (like natural gas), pets, real estate, and documents (like maps).

Product liability covers three general types of product defects — design, manufacturing, and marketing.

Design Defects

Some products are defective from their very conception. Some products are well-conceived but become highly flawed somewhere along the design or development processes. Products with a design defect are unsafe to use regardless of how well they are manufactured or marketed. For example, an SUV that easily rolls over when going around a turn due to a high center of gravity is defective by design. With this type of defect, the company behind the design could be held liable if the product causes injury while being used as intended.

Manufacturing Defects

Well-designed products can become defective if there is a flaw in the manufacturing process. Manufacturing defects might appear when a product is being fabricated, assembled, or packaged. For example, if a powdered cleaning product accidentally makes it into a bag of flour, it would be considered a manufacturing defect, and anyone who consumed the contents of the bag could potentially take legal action against the manufacturer if they suffered illness or injury.

Marketing Defects

Some products are well-designed and manufactured, but how they are marketed, labeled, or otherwise represented could lead to injury. This type of defect is most common in medications and medical devices. Companies that bring these products to market may not anticipate all of the ways that reasonable consumers will interact with them. In one famous example, a mother wasn’t concerned when her toddler swallowed baby oil because she thought the product was safe to ingest, but the oil got into the child’s lungs, causing severe injury.

Common Types of Product Liability Cases in Hays

Products that we all use every day can become very dangerous if they are defective. The National Safety Council (NSC) tracks emergency room visits to determine what types of products are more dangerous than others and which groups of people are at the greatest risk of being injured by a product. For 2022, the NSC found three main categories of consumer products that cause the most injuries:

• Stairs, ramps, and landings
• Beds, pillows and mattresses
• Chairs, sofas and sofa beds

The NSC found that these products were particularly dangerous for both children four years old and younger, as well as adults over the age of 65. The NSC also found three categories of products that are particularly dangerous for the same age group of small children:

• Soaps and detergents
• Television stands and sets
• Ovens and cooking ranges

Although these categories of consumer products were found to be the most dangerous by the NSC, many other types of products frequently cause injury, which can result in product liability claims. Product liability claims are also commonly related to the use of passenger vehicles, food, medications, medical devices, and motorized equipment.

Strict Liability for Defective Product Injuries in Hays

In personal injury cases, such as medical malpractice or wrongful death claims, plaintiffs must show that the defendant was negligent in their actions and those actions resulted in injury. For example, a plaintiff in a medical malpractice case might have to show that the doctor performing surgery didn’t follow standard procedure and not doing so resulted in serious harm.

In a product liability lawsuit, it isn’t necessary to prove negligence due to a legal principle known as strict liability. This is associated with a common law doctrine known as res ipsa loquitur—or the issue “speaks for itself” in Latin. Because the defect exists, negligence must also exist. For example, a plaintiff doesn’t need to prove that a manufacturer was being negligent when a batch of its products incorporated a dangerous flaw. Instead, plaintiffs only need to prove that the defect existed and that it caused the injury. This can make it easier for plaintiffs to recover compensation after being injured by a consumer product.

To prove strict liability, it is important for a plaintiff to show that they purchased the product in the public marketplace and not through a private sale. Therefore, people who sell used products at a garage sale cannot be held liable if the products they sell are defective. The following parties can be held liable for defective consumer products:

• Product manufacturers
• Parts manufacturers
• Product assemblers
• Product installers
• Wholesalers
• Retailers
• Marketers

Holding any or all of these parties liable rests on the ability to prove causation. The plaintiff taking legal action must make a direct connection between the defect and the damages that were suffered.

How To Prove Product Liability in Hays

If you were injured by a defective product, you could be entitled to compensation. In Kansas, our Hays product liability lawyers have extensive experience when it comes to handling these matters. Our experienced attorneys can review the details of your case and help you recover the compensation you need.

Proving product liability starts with establishing that you suffered losses or you were injured. If something simply doesn’t work and you weren’t injured, you likely don’t have a claim. Most plaintiffs who were injured by a defective product can prove the extent of their injuries by producing medical records that document the treatment they needed to receive.

If you are able to show that you suffered injuries, the next step is establishing that the product was defective. Our Hays product liability lawyers have access to product experts who can testify to how a product was supposed to function, and how the product in question caused injuries. Experts can establish that a defect was related to design, manufacturing or marketing flaws.

Proving product liability also requires proving that you used the product as it was intended or that you used it as any reasonable person would use it. If for some reason you did not use the product as it was clearly intended, you would have serious trouble proving your claim. For example, if you used a meat cleaver to pry open a drawer, you would have a hard time proving that the meat cleaver was a defective product. That being said, you do not necessarily have to use products in a very specific manner. For example, if you used hair shears to trim flowers, and a piece of the shears broke off, severely cutting your hand, you would likely still have a strong product liability claim.

The final step in proving product liability is making a direct connection between the defect and your injuries or losses. Defendants will typically push back on this part of the product liability case by essentially putting the plaintiff on trial. A defendant will often try to argue that the plaintiff was acting irresponsibly or recklessly when they were injured by the product. For example, the manufacturer of a defective car airbag might argue that the injuries that the driver suffered were due to speeding or distracted driving.

Our Hays product liability lawyers have the experience it takes to establish a strong connection. We understand how to collect evidence, interview witnesses, review documentation and contact experts to support your claim.

What To Do If a Defective Product Has Injured You in Hays

If you have been injured by a defective product, we know that this can be a traumatic and confusing time. If you are in Kansas and think you may have a product liability claim, consulting with our team of Hays product liability lawyers can help you understand your options and the potential compensation you can recover.

Compensation in a product liability lawsuit can cover both economic and non-economic losses. Economic losses typically include financial costs like medical bills, lost wages, and property damage. Non-economic losses cover non-tangible losses that are no less important than financial losses. This may include loss of quality of life, emotional trauma, and PTSD.

If your product liability claim goes to trial, the court may award punitive damages in situations involving particularly negligent behavior. Rather than trying to compensate a victim, punitive damages are meant to punish the defendant and deter them from engaging in similar negligent or reckless behavior. Plaintiffs increase their chance of recovering punitive damages if they can show the defendant was particularly reckless or negligent when it came to producing, handling, or marketing the product.

Product liability lawsuits that make it to trial typically end up recovering more compensation than lawsuits that are settled. However, some plaintiffs may prefer to reach a settlement rather than deal with the complexity and hurt that a trial can produce.

In cases where large numbers of people were injured by the same defective product, those who are injured may pursue action collectively in class action litigation. In a class action suit, some class numbers are designated as representatives for all court proceedings, while others simply add their names to the lawsuit. Multidistrict litigations are a similar type of legal action that involves many similar cases being consolidated for the sake of expediency. In both of these lawsuits, plaintiffs can receive different levels of compensation according to their injuries and losses.

Let Our Team of Hays Product Liability Lawyers Handle Your Case

At Bretz Injury Law, we know it can be difficult to know what to do after you’ve been hurt by a defective product. That’s why we work hard to make decisions as easy as possible for our clients.

Our Hays product liability lawyers have extensive experience when it comes to personal injury law, and their results speak for themselves. Over the last 30 years, our firm has won more than 98 percent of cases we’ve pursued and recovered more than $300 million in compensation for our clients. We’re also willing to fight hard for our clients until we get the results they need. We won’t accept a low-ball settlement and are prepared to take your case to trial if necessary. In fact, many other Kansas firms will refer cases to us if the going gets tough.

Contact us today to find out how our Hays product liability lawyers can support you in your time of need and fight for your compensation.