Product Liability Attorneys in Olathe, KS
Experienced representation for those injured by defective products in Kansas
Whether it is a baby’s pacifier or over-the-counter medication, consumers expect that these items will work as expected. If they do not, it can lead to serious injury. The stark reality is that many products do not work as expected because of defects. Manufacturers may sometimes skip important steps and produce a faulty product. At the end of the day, these companies are putting profit over people. This can mean that you or your loved one could not only be injured but may even die because of a company's negligent actions.
For the nearly 40 years, Kansas City Accident Injury Attorneys have been fighting for the rights of injured consumers. Our Olathe product liability lawyers have experience working with product safety experts and determining when a product has been subject to recall and why the product is deemed dangerous. We also work with your medical team to show the courts how your injury has changed your life through no fault of your own. Our track record of results shows you some of the substantial verdicts we have obtained for other victims in similar circumstances. Contact us today to get started.
What is a defective product?
Any product that does not work as anticipated when it is being used in the way that it should is defective. Sometimes, the defects cause no harm other than to our wallet and our pride. Other times, they cause serious injuries.
Under Kansas law, defective products are classified in three ways:
- Manufacturing defects, which can include things like substandard parts
- Design defects, where the flaw is in the design of the product (or its parts) itself
- Failure to warn, which can run the gamut from false labeling to a failure to point our potential risks
Do defective product injuries happen often?
There is a plethora of products on the market and that means that many products can be dangerous or defective. According to estimates from the Consumer Product Safety Commission (CPSC), about 11 million people visited emergency rooms in 2020 as a result of defective products. The CPSC and the Food & Drug Association (FDA) combined issue hundreds of recall notices, but they cannot catch every defective item, and not every company will comply with a recall.
One of the largest groups of victims is children. In 2020, the CPSC found that nearly 198,000 injuries in the United States were caused by toys. In addition, between 2018 and 2020, 51 children died from a toy-related injury.
While children being harmed by toys is sad enough, these are not the only products that can cause injury. According to the National Safety Council (NSC) “11 million people were treated in emergency departments for injuries resulting from consumer products'' in 2020.
Examples of dangerous, defective products
You might be wondering what caused those 11 million injuries. Well, there are a variety of different products that do. The most common dangerous, defective products include:
- Household furniture: When it comes to household furniture, children and the elderly suffered the greatest number of injuries. Mattresses, chairs, dressers, beds, and sofas can lead to suffocation, falls, and entrapment.
- Household appliances: Your stove, washer, oven, slow cooker, and toaster can have a number of defects, from electrical to emitting poison into the air. Fires may even be started from a defective appliance.
- Vehicle parts: The most serious vehicle defects can lead to life-altering injuries. You may sustain injuries from a faulty airbag, batteries that catch on fire, or even a faulty ignition switch.
- Cleaning products: Cleaning products pose a special risk for children, who may ingest the chemicals. They an also do long-term damage to the average household user and/or janitorial workers.
- Medical devices: There are patients who need medical devices to live, like pacemakers or knee and hip implants. Defective medical devices can erode, cause heart attacks, and more.
- Pharmaceutical drugs: Dangerous drugs can have dangerous side effects, from birth defects to seizures. Even perfectly safe medications can cause life-threatening medical conditions under certain circumstances, which is why patients must have a complete list of warnings.
- Children's toys: Children's toys are dangerous. Babies and children do not have the cognitive capacity to know when a toy is defective or when it is not. If a toy has a piece that detaches, it poses a choking and/or suffocation risk.
Can defective products cause serious injuries?
Defective products can cause more than a bruise or cut. They can actually cause life-changing injuries. Some of the most serious injuries include:
- Head injuries: In particular, a vehicle defect can cause a driver to be involved in a motor vehicle accident. From this accident, a person can suffer from a traumatic brain injury that alters their brain function permanently.
- Burn injuries: You may be burned if a household appliance causes a fire or explodes. There are varying degrees of burns you can experience and may suffer permanent disfigurement as a result.
- Internal damage: These kinds of injuries are not visible and can cause more damage than injuries that are visible. An internal injury can affect your kidneys, lungs, spleen, or liver.
- Spinal damage. A defective piece of playground equipment or a trampoline can cause spinal damage. A defective vehicle part that causes the brake to disengage or a seatback to fall can also cause spinal trauma.
- Choking: As we mentioned, children's toys can lead to choking. When a person is choking this can lead to brain injuries and even death as they are losing critical oxygen.
- Broken bones: If a child falls or has an object fall on them, they can sustain multiple broken bones. If their growth plates are damaged, it could lead to deformity or stunted growth.
There are other types of injuries you can endure from a defective product. It is important to contact an Olathe product liability attorney immediately after being injured.
What steps should I take after an injury from a defective product?
If you are injured from a product there are several things you need to do. First, you will need to stop using the product and be checked out by emergency personnel. It is important to have your injuries documented by a medical professional so that there is a direct connection to the defective product, this will serve as evidence down the line.
Once the dust has settled, you will need to collect as much evidence as you can. Take pictures of the scene as well as your injuries. Most importantly DO NOT throw out the defective product. If you have the original packaging, you should also bring this with you when you meet your Olathe product liability attorney; bring any instructions or labels as well.
Finally, make sure we have your employment information. We will speak with your employer and colleagues to see how the injury has affected your ability to work, and partner with trusted financial advisors to get a clear picture of your economic losses.
How long do I have to file a product liability claim in Olathe?
Most personal injury cases must be filed within two years in Kansas, but product liability claims can be different. In some cases, you may have up to 10 years to file a claim against a seller.
The best thing you can do is call Kansas City Accident Injury Attorneys as soon as you can after you are injured. These laws are tricky, and you do not want to be time-barred from recovering damages for your:
- Lost wages
- Medical expenses
- Pain and suffering
- Loss of consortium
- Property damage
- Funeral and burial expenses (in the case of a wrongful death)
Do you have a product liability lawyer near me?
Our Olathe office is located at 110 South Cherry Street, Suite 102. Call for an appointment. We also have other offices throughout Kansas and Missouri.
A defective product lawsuit can get complex fast. Manufacturers will not want to pay out these lawsuits as this can cause more lawsuits to come. If a product injured one person, it is likely that it has injured others as well. This means if a manufacturer pays out one lawsuit, they will more than likely have to pay out others. Product liability lawsuits may also have more than one party that can be held liable for the injuries caused. Determining how the product malfunctioned will be crucial to your case. This is why you will need to have an Olathe product liability attorney on your side. We will fight aggressively against these product manufacturers to get you the compensation you deserve.
Work with an Olathe product liability attorney today
When you are hurt, our Olathe product liability lawyers are your advocates. We will determine the liable party, seek damages for medical expenses, lost income as well as pain and suffering, and ensure you don’t get bullied by a business that puts profits before people. Do not hesitate to contact Kansas City Accident Injury Attorneys by calling our office at 816-471-5111, or fill out our contact form to schedule a consultation today.