Liberal Product Liability Lawyers

We pay good money to buy products that we can count on, and when they cause us harm, it can be incredibly devastating. In Kansas, our Liberal product liability lawyers are dedicated to ensuring that those affected by defective products receive compensation for their injuries.

What Is Product Liability?

You’ve probably heard of the term “product liability” before, but maybe you never thought about the legal definition. Simply put, it refers to the area of law that deals with damages and injuries caused by defective products. Product liability law is focused on protecting consumers from unreasonable risk associated with using products available in the public market. That being said, courts also recognize that there is some degree of risk in using just about any product, and companies bringing products to market shouldn’t be held liable for the negligent actions of consumers.

There are a few different types of product defects that could result in liability if they cause injuries.

Design Defects

These defects are rooted in the initial conception and design of a product. Products that are defective by design cannot be fixed by manufacturing processes, warning labels or marketing methods. These products are inherently dangerous and should never have been brought to market. For example, a car with an unprotected gas tank would be considered a design defect.

Manufacturing Defects

Some products are well-designed, but a flaw in the production process causes them to become unreasonably unsafe. Companies have quality control processes in place to prevent manufacturing defects from leaving their production facilities.

Unfortunately, manufacturing defects sometimes slip through the cracks and make their way into our homes. For example, a manufacturing defect might be caused by a broken production machine that creates a razor-sharp edge on a children’s toy.

Marketing Defects

Some products are safely designed and manufactured, but poor marketing or labeling causes them to be unreasonably risky. Companies place warning labels on their products to prevent this type of defect and ensure people use their products as intended. Unfortunately, companies often have blind spots when it comes to how consumers might use their products, and overlooking a key aspect of a product could result in it being misused to dangerous effect. Marketing defects are most commonly seen in the pharmaceutical industry when a company fails to warn patients about dangerous side effects.

Common Types of Product Liability Cases in Liberal

Just about any type of product can be defective and cause harm. However, certain kinds of harmful product defects tend to be more common than others. In Kansas, our Liberal product liability lawyers tend to see cases more often for the following products:

• Automobile parts. Defective parts on a passenger or commercial vehicle are much more likely to cause damage and injuries than other types of defective products. Because of this, automobile parts tend to be the subject of product liability cases more often than other products.
• When we put drugs in our body to treat medical conditions, the last thing we want is for these drugs to do more harm than good. Unfortunately, both over-the-counter and prescription medications are commonly the subject of product liability cases.
• Medical devices. As with pharmaceuticals, we expect medical devices to make us better, not worse. Knee replacements, pacemakers, sleep apnea devices and other medical products are frequently the subject of product liability claims in Liberal.
• Children’s toys. Children act in unexpected ways, but that doesn’t excuse manufacturers that put dangerous products in the hands of the most vulnerable people in our society.
• Farm equipment. Modern farm equipment is powerful and complex. When manufacturers of this equipment put out new features or new designs, they must make sure farmers are aware of these changes and know how to safely use them.
• Power tools. Power saws, drills, and other equipment can be deadly if they are defective, and even minor defects in these products can cause serious harm.

Strict Liability for Defective Product Injuries in Liberal

In 1976, the Kansas Supreme Court adopted the doctrine of strict liability for product liability claims. Under this doctrine, a plaintiff does not have to establish negligence or misconduct to prove liability. The plaintiff only has to “impugn the product” by establishing that the injury resulted from the product, the condition of the product was unreasonably dangerous, and the dangerous condition existed when left control of the defendant.

There are limitations to strict liability that people injured by consumer products should be aware of:

• The defective nature of the product cannot be caused by alterations made after the product was originally sold. Homemade modifications will not count in court.
• The user cannot have known about the defect before using the product. For example, if someone knew that a medication caused severe side effects and took it regardless of that knowledge, the pharmaceutical manufacturer could not be held liable.
• A claim must be placed within the statute of limitations. In Kansas, the statute of limitations is two years from the date of the accident.
• The product must not have been used in an unreasonably risky manner. For example, it would be reasonable to use kitchen shears as gardening shears but unreasonably risky to use them as a can opener.
• The utility of a product cannot outweigh the risk of using it. For example, using a power saw is risky, but the utility of the saw far outweighs using it as intended, with all of the safety guards and protective equipment.
• The plaintiff’s fault cannot be greater than the defendant’s fault. For example, a plaintiff who got into a car accident while drunk driving might have a hard time establishing that a defective tail light caused their injuries, and the manufacturer is therefore liable.

How To Prove Product Liability in Liberal

In Kansas, our Liberal product liability lawyers are dedicated to holding companies responsible for dangerous products they bring to the market.

When a product liability lawyer is considering a claim, they first work to gain an understanding of the nature of the claim. They try to establish the nature of the defect, whether it was a design, manufacturing, or marketing defect. An attorney will then try to determine the nature of damages and injuries that were caused by the defect. Finally, the product liability lawyer will look to make a direct connection between the defect and the damages that were suffered.

Unlike other cases involving negligence, a product liability layer doesn’t have to prove that a defendant acted irresponsibly or committed willful wrongdoing. An attorney only needs to show that the product was defective when it entered the marketplace. Guided by strict liability, an attorney will focus more on the defect itself rather than the company’s actions that caused it.

The Investigation

After gaining an understanding of the claim, a product liability lawyer will conduct an investigation. This starts with the injured party’s experience and moves out to include the product and companies responsible for bringing it to market. Evidence collected during the course of an investigation often includes:

• Testimony from the injured parties
• Research of similar incidents
• The defective product or version of it
• Medical records of the injuries sustained
• Witness statements
• Financial records documenting losses
• Expert testimony on the injuries that were suffered
• Expert testimony on the product and how the defect caused damages

Discovery

Taking place after a product liability claim has been filed, discovery is part of the legal process that involves an exchange of information between the plaintiff and the defendant. The goal of discovery is to ensure that all parties are aware of the evidence and witnesses that may be presented at trial.

Discovery can involve verbal depositions, written statements, procuring documents, physical examinations, and mental examinations. Either party can request any materials that aren’t subject to a privilege, such as attorney-client privilege or doctor-patient privilege. Discovery requests must also be relevant to the subject matter of the case.

In a product liability claim, lawyers for the plaintiff could use discovery to gain access to documents that indicate how a product was defective. For example, internal emails could reveal concerns about design features or production processes. Skilled product liability lawyers can use discovery to focus on particular aspects of a defective product, making their case stronger.

Legal Motions

During discovery, it might become apparent that the defendant is trying to escape responsibility through legal strategy. For example, maybe trying to improperly deflect responsibility toward a third party or the plaintiff. Before a potential trial, attorneys for the plaintiff can file legal motions to prevent the defendant’s team from questionable legal maneuvers.

To be clear, legal motions don’t necessarily have to be related to winning a claim. For example, lawyers for the plaintiff may ask the court to decide minor issues related to the trial in the interest of expediency. In this situation, lawyers for the plaintiff may simply be acting in the best interest of the client, who may need compensation to offset mounting losses.

Pre-Trial Preparations

Proving product liability in a courtroom requires thorough preparation. This starts with identifying the evidence to present and the witnesses to call. It’s also important for a product liability lawyer to put both witness statements and evidence in proper context. If there are evidentiary issues, a lawyer must look into the relevant rules of evidence and prepare arguments to ensure that vital evidence is included. Attorneys must also prepare witnesses for their testimony and coach them on how to respond to cross-examination. It’s also important for product liability lawyers to prepare compelling opening and closing statements that convince a trial or jury to hold negligent companies responsible.

If the plaintiff has a strong case and product liability lawyers have done their due diligence, it makes it much easier to prove a product liability claim in court.

Preparing for a Potential Settlement

Sometimes, a defendant in a product liability claim may be looking to settle the issue outside the courtroom. This could be before a claim makes it to trial, or it could be in the middle of trial proceedings.

In Kansas, our Liberal product liability lawyers must also prepare for potential settlements. Even though witnesses and evidence don’t need to be presented during settlement negotiations, having a strong case helps to win a favorable result. Attorneys for the plaintiff can research previous settlements in similar cases and consider potential settlement valuations based on the strength of their case.

What To Do if a Defective Product Has Injured You in Liberal

If you have been hurt by a defective product, the first thing to do is to make sure that you’re okay. There are many types of injuries that aren’t obvious at first, such as traumatic brain injuries and internal bleeding. Immediately seeking medical attention after an accident helps to ensure that you’re okay, and it also helps with documenting the extent of injuries that you’ve suffered.

Once you have looked after your own health, you should reach out to our product liability lawyers. Our experienced attorneys will help you recover compensation to pay for medical bills, lost wages, loss of mobility, lower quality of life, and other types of damages. We will listen to your story and help identify potential negligent parties, including manufacturers, retailers, and marketers.

Let Our Team of Liberal Product Liability Lawyers Help With Your Claim

At Bretz Injury Law, our team of lawyers in Liberal have extensive experience with product liability claims, and our results speak for themselves. Over the past three decades, Bretz Injury Law has recovered more than $300 million for our clients. We are willing to settle if it’s in the best interest of our clients, but we’re always ready to go to trial. If you or someone close to you was recently hurt by a defective product, contact us today or call 620-RESULTS.