Consumers in the United States use millions of different products each year. These products encompass a wide variety of categories; everything from Venetian blinds to tires for a Sport Utility Vehicle are bought and used. Different products can make the lives of consumers easier, provide entertainment, or be used to repair other devices. The Kansas City product liability attorneys at Dickerson Oxton, LLC have seen firsthand that when a product is found to be defective, or faulty, there can come to be more than just mere disappointment. Faulty products have the potential to cause serious personal injury or even the wrongful death of the end user or those around the end user.
When a dangerous or faulty product does cause personal injury or death, then a number of different parties can be held responsible for it. Designers, manufacturers, distributors, or sellers may all be held accountable. It should also be noted that you don’t have to be the person who initially purchased the product either. In Kansas City faulty products claims, the faulty product can be a gift or borrowed and still have valid grounds for a claim of personal injury or wrongful death.
Liability and Negligence in Defective Products Claims
When discussing Kansas City faulty products claims and cases, some terms you’ll hear quite frequently are liability and negligence. Simply stated, liability is when a person or group of people (like a company for example) is found to be responsible for causing something. Faulty products liability laws are in place on both state and federal levels to help protect the rights of consumers who use them. Common claims associated with faulty products liability include:
- Strict liability
- Breach of warranty
Negligence, by definition, is a conduct that a person (or entity such as a company) engages in which is culpable because it falls short of what a reasonable, responsible person (or entity) would or would not do in a given situation. A negligent action could be manufacturers knowingly creating a dangerous product, vendors selling a product without proper warning labels (such as fireworks), or any action taken by anyone in the chain of creation of a product which circumvents a person’s knowledge of possible harm that it could cause. Concerning faulty products cases in Missouri, a Kansas City product liability lawyer doesn’t always have to prove negligence occurred. The strict liability law states that negligence does not need to be established and that the mere fact that a faulty product caused harm or death is grounds enough to hold a party liable.
Types of Defects in Kansas City Product Liability Cases
Defects can arise throughout the creation of a product. Kansas City, MO faulty products generally consist of one or more of the following types of defects:
These defects occur in the design stage of making a product before it is manufactured. The product will likely function as designed but due to a design defect, it may be unsafe to use it as such.
Defects that arise in the creation of a product, at the assembly stage, are called manufacturer defects. This could be due to inadequate (or lesser quality) materials used to make a product, machine operator error, or contaminants getting into the product itself. In these types of defects, typically only a small percentage of products have the defect, yet it is still dangerous to use.
After a product has been designed and created, it needs to be labeled and marketed. Defects in this category include incomplete documentation or even a complete lack of labels which would inform the consumer of a product’s potential dangers.
Faulty products liability laws in place can hold any person or entity, throughout the creation of a product, responsible for the catastrophic injury or death it may cause. In order to have a successful Kansas City faulty products case, the product must be used “as directed” (as described in the packaging) and unmodified, in its original form. When a product causes personal injury or death, it is imperative to keep the faulty product in your possession. Keep it in a safe place where it will be unaltered and away from other people. This is to ensure it no longer hurts anyone and because it will be key evidence in a product liability case. If the defective product is an automobile, avoid relinquishing control of it to an insurance company and by all means do not get it repaired.
Seek Justice for Defective Product Injuries
Faulty or defective products can cause serious personal injury and in some cases, the wrongful death, of the end users or even bystanders. If you or someone you love has been the victim of a faulty product, contact a highly qualified Kansas City product liability attorney at Dickerson Oxton, LLC today. Our experienced legal team offers client-specific strategies to help make your case a success.
You can reach one of our experienced Kansas City injury lawyers at (913) 428-8220. Alternatively, you can fill out our free case evaluation form on our website and we will get back to you promptly.
Being a smaller law firm, we are directly available to our clients and handle all cases with the utmost compassion. Unlike our larger competitors, who route calls through paralegals and assistants, our product liability attorneys are always directly available for any questions or concerns our clients may have. Adopting this client-first mentality allows us to personally connect with each victim and understand how they are suffering in order to assess their case. The Kansas City personal injury lawyers at Dickerson Oxton, LLC are dedicated to a personal approach to compassionate representation.
Contact a Skilled Kansas City Product Liability Attorney
At Dickerson Oxton, LLC, your initial consultation is always free of charge. When we do accept cases, we operate on a contingent fee basis. We choose to operate this way for the sole benefit of our clients; if we don’t win your case, you won’t pay anything.
With over a decade of combined litigation experience, our accident and injury attorneys have the dedication and experienced needed to help you with your case. Please call or contact us online today.