Salina Product Liability Lawyers

People in Kansas work hard for their money, and they expect that money will go towards products that work properly. Unfortunately, many products are defective, and these defects can cause serious injuries. The legal system provides protections for consumers who are hurt by products through no fault of their own. Through product liability law, injured consumers can get the compensation they need after being hurt by a product.

What Is Product Liability?

Product liability is the area of law used to hold companies accountable for bringing defective products to the marketplace by having them compensate people who were hurt or suffered losses by these products.

Typically, a product liability case involves someone being injured by a defective product and filing a claim against the manufacturer of that product. For example, someone hurt by a defective medical device might file a claim against the manufacturer of that device. In some situations, the injured person might file a claim against the company that sold or marketed the product. To recover compensation, the plaintiff in a product liability case will attempt to show that their injuries for the losses they suffered were the direct result of a defect in the product they purchased.

This area of law incorporates both tort and contract law. Tort law deals with rectifying civil wrongs through legal action. Sometimes, civil wrongs are also the subject of a criminal investigation. Contract law deals with agreements between parties. With respect to product liability, contract law covers the legal rights of sellers and buyers.

Common Types of Product Liability Cases in Salina

Unfortunately, liability claims for defective products are too common, and statistics show an increasing number of claims in recent years. According to one report from Business Insurance, more than 5,800 federal cases were filed in 2022, which was 89 percent greater than the lowest number of cases for any year in the previous decade.

One of the most common types of product liability cases involves motor vehicle parts. Defective airbags, brakes, tires, and other parts greatly increase the risk of a serious accident. The serious nature of these accidents makes them a strong candidate for taking legal action against companies that put out defective products.

Medical devices are also commonly the subject of product liability lawsuits. Defective pacemakers, artificial joints, or surgical instruments are common examples of critical medical devices that are the subject of product liability lawsuits.

Children are among the most vulnerable people in our society, and children’s toys are, unfortunately, another common type of product liability case. Children’s products that are the subject of legal action are typically found to be choking hazards, toxic, or flammable.

Pharmaceuticals are another type of product that we depend on, but they are commonly the subject of product liability cases. These cases typically involve medications that aren’t properly labeled and have serious side effects that injure people.

Strict Liability for Defective Product Injuries in Salina

The state of Kansas has adopted the strict liability doctrine for imposing liability on companies that bring defective products to market. Under strict liability, plaintiffs do not have to prove that a company took negligent actions to hold it accountable. Plaintiffs only need to prove that a defect existed and that the defect directly caused damages. Strict liability was established to hold parties accountable for harm caused by their products in situations where it would be difficult or impossible to prove negligence.

How To Prove Product Liability in Salina

To hold the company accountable under strict liability, plaintiffs must establish four key elements: the product, the product defect, damages, and a direct connection between the defect and the damages.

The Product

Establishing that a product is listed probably seems fairly straightforward. Most products are distinct, tangible objects that can be physically passed from seller to buyer after the purchase has been made. However, some courts have established that a product could be an act of physical labor or intellectual work. Therefore, intangible items like electrical power and written words can be considered products. For the purposes of product liability, courts have also found that objects like real estate and animals could also be considered products.

The Defect

After establishing the existence of a product, a plaintiff needs to demonstrate that the product has an identifiable flaw. Under contract law, companies that bring products to market must ensure that they will not be unreasonably risky when used as intended. With respect to product liability, a defect renders a product unreasonably risky when the product is used as intended. A defect doesn’t necessarily have to be in the product itself. It could involve the marketing, packaging, or labeling of the product. Consider the following types of defects under product liability:

• Design defects. Some products are dangerously defective based on their concept or development. SUVs that easily roll over while making a turn are a popular example of a design defect. Even if these products are perfectly manufactured and marketed, they will still be unreasonably risky to use as intended.
• Manufacturing defects. Products that are properly conceived and developed could become defective due to flaws in the production process. For example, a children’s toy might be well-designed, but a manufacturing error causes it to break apart easily and become a choking hazard.
• Marketing defects. Products that are safely designed and manufactured can still be dangerous if consumers don’t have the right information about the product. If a pharmaceutical company doesn’t warn that one of its drugs causes drowsiness, drivers who get behind the wheel are in an unreasonably risky situation.

The plaintiff in a product liability case must be able to show that the product in question was defective when it left the defendant’s control. If the product became defective while under the control of the consumer, then the companies behind the product cannot be found liable for any injuries. Because there is no presumption that the product was defective when it left control of the seller, the plaintiff must demonstrate that the defect was not a result of modification, improper handling, or improper use.

It’s important to note that the passage of time may not have an impact on the ability of an injured consumer to receive compensation. If a product sat in storage or was in use for many years, a defect could still have existed at the time of sale.

To determine that a product was defective, courts will typically use two different types of tests called the risk-utility and consumer expectation tests. The risk-utility test involves comparing the costs of lowering risk with additional safety measures with the costs of risk associated with the original product. If making a product safer costs far less than the injury risk, then the product is defective. If making a product safer costs far more than the injury costs, then the product is not defective.

The consumer expectations test involves the analysis of consumer knowledge as it relates to risk of using the product. If a consumer needs special knowledge to avoid getting hurt by a product, then the product is considered defective.

Injuries or Damages

Consumers cannot take legal action against a company for a defective product if they do not suffer any injuries or damages. This prevents opportunistic people from hearing about a defect and attempting to recover money from a company despite never buying or using the product in question.

Causation

The final aspect of proving strict liability is establishing causation, which means the defect directly caused the injuries or damages. The plaintiff must show that the defect was a primary factor in bringing about the injuries or damages. They must also show that the defendant should be legally held responsible because it is economically and socially desirable.

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

The first thing you should do after being hurt by a defective product is to look after your own safety and wellbeing. Even if you feel like you haven’t suffered life-threatening injuries, seek medical attention. Injuries like brain trauma and internal bleeding aren’t always obvious, and some injuries could lead to complications if they aren’t treated properly. Seeking medical attention also helps you to document the extent of your injuries ahead of a potential claim.

It is also important to preserve evidence. If possible, keep the product intact and take photos of it. Also, keep any packaging and documentation that came with the product.

Another responsible step to take is reporting the incident to a government agency. This can help to protect other people from suffering the same accident. For example, if you were hurt by a medication, reporting the incident to the Food and Drug Administration can keep other patients safe.

After you’ve looked after your own interests and the interests of others, reach out to our Salina product liability lawyers. Our attorneys are experienced in these matters and will help you recover the compensation you need to move forward. Our product liability lawyers will help you reach a settlement, but are also prepared to take your case to court if a fair settlement cannot be reached.

Courts will award compensation for two different primary types of damages: compensatory and punitive.

Compensatory Damages

Compensatory damages are awarded by a court to an injured plaintiff for all of the direct consequences of using a defective product. Direct consequences can include medical bills, lost earnings, damaged property, disfigurement, loss of mobility, lower quality of life, emotional trauma, and physical pain and suffering.

Punitive Damages

Punitive damages are awarded on top of compensatory damages and are designed to punish the defendant in an attempt to deter similar negligent behavior in the future. Punitive damages are only awarded when the court has determined that the defendant’s actions were particularly egregious. With respect to product liability, these actions would have been taken in the course of bringing the defective product to market.

For example, if company leadership were well aware of the fact that a product is unreasonably risky but still went forward with bringing it to market, a court would be much more likely to award punitive damages. In Kansas, our Salina product liability lawyers will push for punitive damages by producing documents that show people at the company had knowledge of the defect and still pushed it into the marketplace.

Let Our Salina Product Liability Lawyers Handle Your Case

At Bretz Injury Law, our team of Salina lawyers has extensive experience with product liability cases. Our experts understand how defects related to design, manufacturing, and marketing can cause serious harm to unsuspecting consumers.

We are willing to settle if it’s in the best interest of our clients, but we’re always ready to go to trial. When it comes to fighting for you, our results speak for themselves. Over the past three decades, we have recovered more than $300 million for our clients. 

If you have recently been injured by a defective product, contact us today or call 620-RESULTS.