Louisville Product Liability Attorney
When you buy a product to use, you should never have to worry about it causing harm to you or a loved one. Unfortunately, there are many times when defective products make it into the hands of consumers. At the Law Office of Hendy | Johnson | Vaughn | Emery, our skilled Louisville product liability lawyers are here to help if you have been injured. We will investigate your case and work to secure the compensation you deserve.
Why Do You Need Hendy | Johnson | Vaughn | Emery?
Product liability cases require help from an experienced Louisville personal injury attorney, and the team at Hendy | Johnson | Vaughn | Emery is here to help.
- We have vast experience in the field of personal injury law, and we are not afraid to take on major companies or insurance carriers.
- We have a proven track record of success, having secured billions of dollars in favorable settlements on behalf of our clients.
- We take Louisville product liability cases on a contingency fee basis, which means we will only collect legal fees after we secure the compensation our clients need.
Is an Attorney Necessary for This Case?
Product liability cases are complex, and most injury victims do not have the resources or legal experience to properly secure the compensation they deserve. A Louisville product liability attorney will be responsible for:
- Obtaining all evidence of a product defect
- Ensuring your total losses are properly calculated
- Negotiating with all parties involved to secure the compensation you deserve
- Taking your case to trial if necessary
What Is a Product Liability Claim?
A product liability claim is a civil lawsuit brought against the manufacturer or distributor of a product that has caused injury to one or more consumers due to a defect. The goal of a product liability claim is to make the injured victim whole again by giving him or her financial compensation. If the defendant is found liable for the plaintiff’s injuries, the defendant will have to pay for the victim’s medical bills, property damage and any other losses associated with the incident.
How Do Products Become Defective?
There are various ways that products can become defective. While companies and manufacturers generally do put safe products on the market, there are times when the following can occur:
- Design flaws. Even after testing is complete, there may be a problem with a product’s design that renders it unsafe.
- Manufacturing error. Even a well-designed product could be damaged or altered during the manufacturing process, making it unsafe for consumers.
- Marketing/label problem. A product’s label must have all the information that a consumer needs to use it safely. This includes instructions, ingredients, warnings, dosages, and more. Any missing or misleading information could cause serious harm.
Product recalls happen all the time, but not all dangerous products are on recall lists. Defective products can affect every industry, including:
- Auto parts
- Foods and beverages
- And more.
Consumers can sustain external and internal trauma due to defective products, as well as serious illnesses, that can lead to major medical bills and long-lasting pain and suffering.
What Is the Strict Product Liability Law? How Might it Affect Your Case?
Most product liability cases in Kentucky involve the legal doctrine of strict liability. This law means that a manufacturer, distributor, seller, wholesaler, retailer or any other party responsible for producing and distributing the defective item will be held strictly liable for injuries and deaths associated with the item, regardless of whether the defendant was negligent.
The strict liability law is in place to make it easier for consumers to stand up against large and powerful manufacturing companies for injuries caused by defective and dangerous products. Most personal injury claims require proof of negligence, or evidence that the defendant fell short of the duty of care. A strict product liability claim, however, only requires proof that the item in question contained one of the three types of defects and caused the victim’s injuries.
If the strict liability doctrine applies to your case, this can make it easier for you to obtain financial compensation for your injuries and bills. You or your lawyer will need to show that the item was defective, that you were using it as the manufacturer intended, and that it caused or significantly contributed to your injury. You do not need to prove that the defendant committed an act or omission that fell short of the responsibility of care.
Product Liability Claims Based on Negligence or Breach of Warranty
You may still qualify for financial compensation even without the doctrine of strict liability if you were injured by a defective product. You can base your claim on the legal theory of negligence, for example, like most other personal injury claims in Kentucky. Negligence means that someone fell short of the obligation to exercise reasonable care, such as through a careless or reckless act by the manufacturer.
If you or your lawyer can prove that the manufacturer or distributor (or another party) was negligent and that this resulted in the defective product, this is enough to recover compensation. Winning a case requires clear and compelling evidence of negligence, such as records showing that the manufacturer did not properly safety-test the item or that the manufacturer knew of a safety risk but failed to warn consumers.
Another legal theory that can be used for a product liability claim is a breach of warranty. This means that the product had a warranty that guaranteed its safety when it was, in fact, not safe for consumers to use. An example is a children’s toy that says it is safe for ages three and up that in fact poses a choking hazard to older children, as well.
What Type of Compensation Is Available?
If you or a loved one have been injured due to a defective product, you need to seek legal assistance as soon as possible. At the Law Office of Hendy | Johnson | Vaughn | Emery, we are here to help. Our team will investigate your case and work to secure the compensation you are entitled to, which can include:
- Cost of your current and future medical bills
- Recovery of income lost if you are unable to work
- Pain and suffering
- Loss of enjoyment of life damages
- Punitive damages against a company or manufacturer
We will accurately estimate the value of your product liability case based on the severity of your injuries, your age and income, and many other factors. Then, we will use proven negotiation tactics to go up against a manufacturing corporation or insurance company to demand fair results on your behalf.
Contact a Louisville Product Liability Lawyer Today
A defective product can cause painful and debilitating injuries, emotional distress, expensive property damage, time taken off of work, and many other losses. If your life has been changed because of a dangerous or defective product, contact the Law Office of Hendy | Johnson | Vaughn | Emery to discuss your recovery options with one of our experienced and compassionate lawyers. When you need a Louisville product liability attorney, you can contact us for a free consultation by clicking here or by calling us at (859) 578-4444.