Wichita Product Liability Lawyers

Every consumer should expect that the products they use will be safe. When a product injures someone while being used as intended, it not only hurts the individual, but it also damages our collective trust in the marketplace. In Kansas, our Wichita product liability lawyers fight hard for our clients, but also to maintain the integrity of the marketplace, so that we can trust the products we spend our money on.

What Is Product Liability?

Under the law, companies are responsible for the products that they bring to market, and product liability is an area of law used to hold negligent companies responsible. We typically think of manufacturers when we think of product liability, but any company that causes a product to be dangerously defective can be found liable. While this typically includes manufacturers, it includes companies that design a defective product or market a product in such a way that it causes injury, such as not issuing warnings about a medication’s dangerous side effects.

Companies have been found liable for product defects that fall into the following three categories:

Design Defects

Some products are dangerously defective due to the way they were designed. These products may have been manufactured exactly to specifications and marketed with the standard warnings, but they still caused harm.

Often, a manufacturer is also a product’s designer, which means they are responsible for design defects. However, there are situations when the company designs a product and sends production specifications to a contract manufacturer. For example, a pharmaceutical company might design a drug and pass off production to a compounding pharmacy. If the drug is found to be defective by design, then the pharmaceutical company, not the compounding pharmacy, would likely be found liable.

Manufacturing Defects

Some products are designed to be perfectly safe, but a flaw in the production or shipping process causes them to become dangerously defective. For example, a manufacturing error in a car engine might create a dangerous fuel leak. If a product liability lawyer can prove that a manufacturing defect led to harm, typically with the help of product experts, then the manufacturer can be found liable for damages caused by the defect.

Marketing Defect

If marketing materials, packaging labels, or other forms of communication cause a product to be dangerously defective, it is considered a marketing defect. Products with these defects might have been safely designed and manufactured, but poor communication caused them to injure someone or damage property. If you have ever heard of the long list of potential side effects in a pharmaceutical commercial, you understand the importance of communicating potential risks to consumers.

Common Types of Product Liability Cases in Wichita

With respect to the most common types of product liability cases in Wichita, statistics indicate that Kansas mostly falls in line with the rest of the country. That being said, there are some common product liability claims that seem particularly relevant to Wichita. These include claims for:

• Automobile parts
• Beauty products
• Children’s products
• Farm equipment
• Household products
• Industrial machinery
• Pharmaceuticals
• Sporting equipment

Product liability cases are commonly associated with product recalls. If a product is determined to be dangerously defective, a product recall will be issued to take it out of the marketplace. A manufacturer might voluntarily issue a recall, or it could be issued by a government agency looking to protect public welfare. If someone is hurt by a defective product, they can file a claim even after it’s been the subject of a recall, but only if they were ignorant of the defect at the time of use.

Strict Liability for Defective Product Injuries in Wichita

In Kansas, people harmed by a defective product can file a lawsuit under the doctrine of strict liability. The injured person does not need to prove that the company acted negligently in order to recover compensation. The plaintiff only needs to show that the defective product existed, and the defect was the direct cause of injuries for damages they suffered.

Only products purchased from the marketplace are subject to strict liability claims. People who are hurt by products purchased secondhand cannot file a claim against a manufacturer or other company that brought the product to market. In this situation, it may be possible to recover compensation from the second-hand seller, but only if they acted negligently in some manner.

Getting Legal Assistance with a Product Liability Case

People injured by a defective product can seek compensation through the Kansas state court system. If a defective product has harmed a large group of people, the product liability case may become a class action lawsuit.

If you have been hurt by a defective product, hiring our team of Wichita product liability lawyers can help you navigate the complexities of filing a lawsuit. Even if you decide to join a class action lawsuit, an attorney can help you in the following different ways.

• In-depth knowledge of product liability law. An attorney with experience in product liability cases has deep knowledge of the law in Kansas.
• The ability to investigate. A legal team can investigate the nature of the defective product and consult with experts to connect the dots between the defect and the harm that it caused.
• Experience with filing a lawsuit. Experienced product liability lawyers understand how to file a lawsuit that identifies the most likely responsible party, whether that’s the manufacturer, distributor, or marketing company.
• Conducting negotiations. Product liability lawyers have experience dealing with companies and their insurers. An attorney will work with you to negotiate a fair settlement or take your case to trial.
• In-depth knowledge of standard legal processes. The legal system is difficult to navigate without any knowledge or experience. A product liability lawyer can file legal motions, engage in discovery, prepare for a trial, and act as your legal representation during court proceedings.
• Representing you in class action lawsuits. If you join a class action lawsuit without legal representation, it significantly decreases your ability to recover the compensation you need. An attorney can advise you on whether to join the class action suit or take your own legal action.
• Legal advice. There are so many legal issues to deal with when trying to seek compensation for a defective product. Wichita product liability lawyers can advise you on the best course of legal action, whether that’s seeking a settlement, joining a class action lawsuit, or taking a case to court.

How To Prove Product Liability in Wichita

Product liability lawyers go about their business in a very methodical and meticulous manner. The typical process followed by an attorney can be broken down into several key steps, from an initial assessment to helping their client recover the compensation they need.

Initial Assessment

A product liability lawyer starts by getting an understanding of the accident, the product, the potential defect and the injuries or damages that seemed to be caused by the defect. An experienced attorney will work to determine whether the defect was related to the design, manufacture, shipping, and marketing of the product. After determining the nature of the defect, an attorney will work to identify all possible liable parties involved.

Gathering Evidence

After a product liability attorney has a sense of the case, they will start collecting evidence to make the case as strong as possible. If the product that caused the accident is still available, an attorney will work to arrange a storage location and preserve the product’s condition. If the product was destroyed by the accident or is somehow lost, an attorney might try to secure an identical product for examination. An attorney will also collect documents such as accident reports, medical records, product manuals, warranty cards, purchase receipts, and other written materials.

Bringing in Experts

Although a lawyer may be familiar with product liability law, they are probably not experts in specific products. Therefore, it’s standard practice for product liability lawyers to bring in subject matter experts who can speak to the nature of the defective product. These are usually medical doctors, engineers, or other professionals with specific technical or medical knowledge.

Interviewing Witnesses

Witnesses can be critical to holding a company accountable because they can provide an objective account of the product directly causing an accident. An attorney may contact bystanders, first responders, and medical professionals. An attorney also might interview people who have used similar non-defective products or anyone else who has observations relevant to the case.

Conducting Research

Publicly available information — such as formal complaints, product recalls, or past lawsuits — could be critical to proving a product liability case. An attorney will research formal documents to identify any information that might be relevant to their case. An attorney also might research online reviews and social media posts to find information about the defective product.

Building a Case

After performing all of their due diligence, a product liability lawyer will begin to build a compelling case that proves:

• A product was purchased on the market
• The product contained a defect
• The defect caused injuries or damages

Taking a Case to Trial or Entering into Negotiations

An attorney may prepare for a trial or enter into a negotiation. Either approach requires additional preparation. A product liability lawyer looking to take their case to trial would prepare opening statements, counsel with witnesses, and prepare evidence. A lawyer looking to negotiate a settlement would assess the value of the claim and consult with their client on an acceptable settlement offer.

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

If you have been hurt by a defective product and you are in Kansas, there are three key steps to take: get medical attention, preserve evidence, and then reach out to our Wichita product liability lawyers.

Even if you think it may not be necessary, it’s always a good idea to get medical attention after being hurt by a defective product. Certain serious injuries can be difficult to self-diagnose, such as traumatic brain injury or internal bleeding. Seeking medical attention also helps to document your injuries, which can be helpful if you decide to pursue legal action.

Once you have looked after your own health, you can start to think about a potential claim. If possible, collect the defective product and preserve it. Keep anything that might be directly related to the product, such as packaging, a sales receipt, instruction manuals, and warranties. It can also be helpful to document your experience. Write down everything leading up to the accident and what you remember about the accident itself. Write down the extent of your injuries and how they were treated. Take photos of the product and any injuries that you suffered.

After preserving as much evidence as possible, reach out to our Wichita product liability lawyer.

Let Our Team Handle Your Product Liability Claim

At Bretz Injury Law, our team of Wichita lawyers has extensive experience when it comes to product liability claims. We keep our firm small to give our injured clients the attention they deserve. While we are willing to reach a settlement if it’s in the best interest of our client, we’re not afraid to take your case to trial and fight to hold a negligent company responsible.

If you or someone close to you was recently hurt by a defective product, contact us today or call 620-RESULTS.