Hutchinson Product Liability Lawyers
Under the law, manufacturers, distributors, marketers, and retailers are all responsible for the products they make, handle, and market. If a consumer is injured by a product, these parties can be held liable.
Unfortunately, people are regularly injured and killed by defective products, including medications, medical devices, automobiles, and children’s toys. This makes product liability lawsuits relatively common.
If you or someone you know has recently been hurt by a defective product, you should start by gaining an understanding of the situation.
What Is Product Liability?
Product liability is the area of law that governs defective products and who is responsible when defective products injure someone or cause damage. Governments have these laws on the books to protect consumers and discourage companies that deal with consumer goods from negligent behavior.
Courts will use two different types of legal tests to determine if a defendant is liable for harm caused by a product.
Risk-Utility Test
A defendant might not be found liable if the court determines that the utility of the product far outweighs the risk of using it. For example, using a hammer carries some element of risk, but a hammer is necessary, and a “reasonable person” should be able to use a hammer without hurting themselves. The risk-utility test could not be applied to manufacturing defects. Thus, if a hammer was manufactured in a way that made it defective, a reasonable person could be at risk when using it.
Consumer Expectation Test
A defendant might not be found liable if the court determines that a “reasonable person” would find the product in question to be highly risky to use. For example, if a standard kite was marketed as a flying machine, a reasonable person would recognize that it is not designed for cliff jumping. Applying this test can be tricky because recognizing that something is faulty by design can be difficult. It can also be difficult to gauge how a reasonable person might perceive a product. To extend the example of a kite, a reasonable person might not perceive the level of risk if the kite strongly resembled a hang glider.
Strict Liability for Defective Product Injuries in Hutchinson
Product liability law falls under the classification of strict liability. This means a defendant can be found liable if a plaintiff is able to prove that the product in question is defective, regardless of intent. If a manufacturer, distributor, or marketer had the best of intentions while working with the product, they can still be found liable if a defect in that product causes someone to get hurt.
Common Types of Product Liability Cases in Hutchinson
The principle of strict liability is applied to three common types of product liability cases that involve different kinds of defects.
Design Defects
Some products are defective in their conception or design. In this situation, a defect wasn’t caused by a manufacturing error, mishandling during shipping, irresponsible marketing, insufficient warnings, or an inaccurate warranty. In Kansas, Hutchinson product liability lawyers can identify design defects by reviewing blueprints for product specifications. For example, product specification documents could reveal that an SUV is particularly prone to rolling over while making a sharp turn.
The legal tests for design defects vary from state to state. In Kansas, courts apply the consumer expectation test, which means a plaintiff must prove that a product is defective and potentially harmful to a degree beyond which a reasonable person would understand. This test is especially relevant when it comes to medications and medical devices, two areas where consumer knowledge of the products is particularly limited. While some states require proof of an “alternate, feasible” design of the product in question, Kansas does not.
Manufacturing Defects
Some products are designed to be perfectly safe, but an issue during the manufacturing or shipping process causes them to be defective and, therefore, dangerous. Mechanical errors or contamination are two types of manufacturing issues that could result in a defect. Improper handling during shipping could damage a product and make it defective.
Companies have quality control measures in place that are meant to ensure manufacturing defects never reach the market. However, companies that produce countless products each day cannot check every single product that leaves their control. Under strict liability, even companies that have the best of intentions could be found liable if a manufacturing defect causes injury.
Airplane manufacturer Boeing has been the subject of a number of high-profile manufacturing defect incidents. In 2020, the Federal Aviation Administration grounded all Boeing 737 MAX planes after it was revealed that a defect made the planes especially vulnerable to lightning strikes.
Marketing Defects
When companies bring consumer products to market, they should ensure that people know how to use these products safely, unless the safe use of a product is intuitive to a reasonable person. If a product isn’t labeled properly, provide adequate instructions, or it doesn’t have safety warnings, companies could be held responsible for injuries caused by using the product incorrectly.
One of the most famous cases involving a marketing defect involved a woman spilling hot coffee from McDonald’s on her lap and suffering severe burns. McDonald’s had a policy of serving coffee at around 185 degrees Fahrenheit and the company knew that coffee at that temperature could cause severe burns. As a result of that lawsuit, McDonald’s had to stop serving the coffee so hot and their coffee cups now have a warning label on them.
How To Prove Product Liability in Hutchinson
It can be difficult to prove that a company was responsible for defective products that caused you harm. In Kansas, our Hutchinson product liability lawyers have extensive experience with the various details of proving product liability.
Our legal experts focus on establishing key elements. First, we will show that their product was used as intended. Next, the attorney will demonstrate that the product was indeed defective. Third, our product liability lawyers will show that using the defective product led to damages or injuries. Finally, we will prove the extent of those injuries.
Proving the Product Was Used as Intended
The first step in proving liability after someone was injured by a defective product is establishing that the product was used as it was intended. If the product wasn’t being used as intended, companies that made, handled, and marketed the product cannot be held liable. For example, if a knife was used to pry open a drawer and it resulted in a severe cut, the knife manufacturer cannot be held liable. Even if a knife doesn’t come with instructions, a court would find that a reasonable person wouldn’t use a knife to open a drawer.
This doesn’t mean that consumers are expected to use products as explicitly directed by the companies that sell them. If a product was being used reasonably and it caused an injury, the claim would likely meet the requirement for intended use. For example, if a product marketed as a vegetable steamer was used to steam fish and the fish contaminated the steamer, a claim would likely meet the standard of intended use.
Proving the Product Was Defective
A plaintiff in a product liability lawsuit must also show that the product in question was defective. There is a risk with using just about any product, and the use of some products could be associated with injury.
For example, if someone gets a concussion while playing football even though they were wearing a helmet, it doesn’t necessarily mean that the helmet was defective.
As explained earlier, defects are usually classified into design, manufacturing, or marketing defects. Plaintiffs looking to prove product liability will typically focus their case on one of these three types of defects.
Proving Injuries or Damages Were Suffered
If a tree falls in the woods and no one is around to hear it, did it actually fall? The same idea applies to product defects and liability. If a product has a flaw but that flaw does not cause damage or injury, a claim would not meet the standard for liability. For example, if a small crack in a new mug causes it to shatter when hot coffee is poured into it, the situation would not meet the threshold for product liability unless someone suffered injuries or something was damaged as a result.
Proving the Damage Was the Direct Result of the Defect
If someone was injured while using a defective product, a company still may not be found liable for those injuries. The final element of establishing a product liability claim is showing that the defect directly caused the injuries or losses.
Often, making this connection is relatively straightforward. If a cleaning product got into a box of pancake mix and someone was poisoned as a result, the connection between the defect and the injury is readily apparent. However, companies looking to defend against a product liability lawsuit will typically try to shift blame toward the user and make it difficult to connect a defect and the injuries that were suffered. For example, if a person was injured by a defective airbag in a car crash, the manufacturer might try to point out that the driver was speeding at the time, and this illegal behavior caused their injuries, not the airbag.
What To Do if a Defective Product Has Injured You in Hutchinson
After being hurt by using a product as it was intended, it can be difficult to prove that a company is liable for the injuries. Most companies have a legal team that is ready to defend the organization against legal claims.
In Hutchinson, the best course of action is to contact an experienced product liability lawyer and discuss your case with them. Attorneys with experience in product liability understand how to build a successful case that recovers the compensation that you need.
A product liability lawyer can help you understand your rights under the law and how you have every right to file a legal claim after being hurt by a defective product. An attorney can also help you build your case by gathering evidence and contacting witnesses. Ultimately, an attorney can help you make the connection between the defect and the injuries that you suffered.
The average settlement or court award in a product liability lawsuit can vary significantly. The amount that your attorney recovers will vary on the extent of your injuries and the nature of the accident. In some situations, a defective product was so dangerous that the court might award punitive damages. These are additional financial penalties that are meant to deter a liable party from similar action in the future. An experienced attorney will understand how to extract punitive damages in particularly egregious cases of product liability.
Let Our Team of Product Liability Lawyers Fight for Your Claim
At Bretz Injury Law, our attorneys are very experienced when it comes to holding negligent companies accountable for defective products. Our team of Hutchinson lawyers also understands the many products that are unique to Kansas and how they operate, such as farm equipment and agricultural products. Our attorneys also understand how to handle medical cases involving prescription drugs and medical devices.
If you or someone you know has been hurt by a defective product, contact us today. Our legal team will offer you a sympathetic ear and advice on how to best move forward.
