Products Liability
A products liability case arises when an unsafe or unreasonably dangerous product is used, as intended, and an injury occurs. The product must be unreasonably dangerous, not just dangerous. For example, use of a box cutter is dangerous, but we all understand the risks of cutting with a sharp blade. A product is unreasonably dangerous if its risk of danger is unexpected, or if the risk of that danger outweighs the benefits of the product.
Manufacturers recall products on a regular basis due to safety concerns. At times, it can seem like manufacturers are more concerned about their bottom line than making sure that their product is safe before releasing it for sale to the public. According to the Consumer Product Safety Commission there were an estimated 186,000 emergency room visits for injuries to children under fifteen years old from defective toys alone in 2009. This number is down slightly from 2002, where there were 212,000 emergency room visits for dangerous toy use. These numbers only deal with toys and exclude all other products, like cars, prescription medications and other products which have been recalled with frequency in the past few years.
Faulty or defective products can cause serious injuries, long term medical problems, and death. Products liability cases allow injured individuals to seek compensation for being injured by a faulty or dangerous product. Damages which may be recovered include medical bills, pain and suffering, and lost wages. The products liability case helps to hold manufacturers accountable for their products.
A product may be considered faulty or defective in three major ways, either by design, by manufacture or by marketing. A product is faulty or defective by design when the manufacturer designs the product so that it is not safe for its intended use. A product is faulty or defective by manufacture when substandard materials or construction methods are used and the product becomes unsafe. A product may also be faulty or defective if it is improperly marketed, meaning that the manufacturer fails to warn the consumer about how to use the product so as to avoid non-obvious dangerous consequences.
If you are injured by a defective or unreasonably dangerous product, seek medical assistance immediately. Save the product that caused your injuries, including any instructions, packaging or parts. A products liability attorney will assist you through the legal system, and counsel you as to the value of your claims. Your products liability lawyer will gather all information necessary to present your case favorably. This includes reviewing insurance information, talking to witnesses, investigating the design and manufacturing of the product, reviewing instructions as to use of the product, working with your physicians, and, if necessary, hiring expert consultants to assist a jury in fully understanding the defect and the resulting harms suffered. Your attorney will file the necessary pleadings to institute suit, make multiple court appearances to move your case towards trial, and ultimately present your case to a jury for a decision in the event a settlement can not be reached.
The attorneys at Kennedy, Kennedy, Robbins & Yarbro, LC have assisted many individuals to protect their legal rights in products liability cases. The attorneys have settled and tried many different cases in state and federal courts. The attorneys are compensated for their time in a products liability case through a "contingency fee" arrangement. The amount of the fee will depend on the type of case, its complexity and its anticipated value. There is no cost for an initial consultation to discuss your case.
If you need legal assistance, or for further information about a products liability claim, please contact Kennedy, Robbins, Yarbro & Henson, LC, at (573) 686-2459. Our commitment is to earn your confidence by answering all questions and providing quality representation. If you need to contact one of our lawyers about another legal need, we may also be reached here.