Kansas City Product Liability Attorneys in Missouri and Kansas
Holding manufacturers liable for their defective products, experienced representation when dangerous products cause injuries or death
The makers of car parts, equipment, machinery, and consumer products make a lot of money from the sale of their products. Federal and consumer law requires products be safe for their intended use. When manufacturers place their profits ahead of your safety, you have the right to hold the manufacturers strictly liable. Strictly liable means you do not have to prove the makers of the products were sloppy or careless. If the product is defective and the defect causes your injuries, you have a claim.
At Kansas City Accident Injury Attorneys, our product liability lawyers have been fighting for injured consumers for 30 years. We work with product safety experts who can explain why products are defective, when they are subject to recalls, and why they are dangerous. Our lawyers work with your doctors to show all the ways the injuries have changed your life. We have a strong track record of success negotiating settlements and obtaining substantial verdicts before juries. We’re ready to help you assert your rights.
What are the requirements for a product liability lawsuit?
Unlike most personal injury cases, you do not have to prove a company was negligent. The laws in both Missouri and Kansas provide that companies who make and sell products are in the best position to determine if their products are safe. For that reason, you can file a product liability claim if:
- A product is defective.
- The defect causes an accident.
- The accident causes your injuries or the death of a loved one.
You do not need to be the owner of the product. In most cases, if you use the product and suffer injury, you will have a legal claim.
In product liability cases, many parties may be liable. Typically, the manufacturer is liable, but distributors and retailers of the product may be as well. This is important, because each defendant may have separate insurance and sometimes one defendant is willing to testify against another.
In addition to product liability claims, we may also file personal injury claims and breach of warranty claims to cover all the bases. If the product was sent out for repairs and the repairs were not completed in a proper manner, the repair company may also be liable.
What are the different types of product defects?
Products can be defective for one or more of the following reasons:
- Design flaws. Products are normally designed, with the help of increasingly sophisticated computers, by product engineers, specialists, inventors, and businesses. Design defects may be due to unforeseen complications, failure to implement testing procedures, failure to use quality researchers, and other reasons. The bottom line is that the burden is on the manufacturer to design a safe product.
- Manufacturer errors. Even when the design is correct, the implementation can be faulty if the manufacturer uses substandard parts, doesn’t make the product in accordance with the design specifications, or fails to follow industry good practice manufacturing standards.
- Faulty instructions. Most products have instructions on how to install, operate, and how to use the products. There may be instructions regarding how to build incomplete products or how to store the products when they are not in use. For example, some products may not work if they are stored at too high of a temperature. Manufacturer instructions should also include warnings about known dangers. For example, the manufacturer of a corrosive paint-removing chemical has an obligation to include adequate safety instructions with the product whenever it is sold. Failing to do so may lead to liability.
What are some examples of dangerous and defective products?
Almost every type of product can cause harm if it is defective. Defective car, truck, and motorcycle parts can cause catastrophic injuries or fatalities. Every part of the car that makes the car go, stop, switch lanes, merge, accelerate and decelerate must work correctly. The wipers, fuel lines, brakes, tires, steering columns must all function properly when you need them. Airbags and seatbelts need to protect you if there is an accident.
Other common products known for defects or malfunctions include:
- Electronic products and appliances
- Workplace machinery, equipment, and tools.
- Prescription and over-the-counter medications that may be poisonous or have harmful chemicals.
- Medical devices, such as vaginal mesh or Cartiva implants.
- Children’s products, including clothing, toys, furniture, and swing sets.
- Nutritional products.
- Lithium batteries.
- Vaping devices.
- Cleaning products.
- Heaters and electric blankets.
To successfully pursue a product liability case, you must show that your injury was actually caused by the defective design and not some other cause.
How do you prove a defective product claim?
Kansas City Accident Injury Attorneys works with many different experts to help prove your injury was caused by a defective product. We also:
- Review whether the product was subject to any federal recalls or recalls by the manufacturer. Recalls generally indicate a product is defective, why it is defective, and what remedies should be used to correct the defect. Companies need to properly inform consumers of any recalls.
- Review whether any federal or state regulations govern the production or use of the product.
- Examine whether there were any prior complaints against the manufacturer, including any class actions lawsuits.
What types of injuries do defective products cause?
In the most tragic cases, a loved one dies due to a defective product. Our lawyers respond by filing wrongful death lawsuits against everyone who caused the death of your mother, father, spouse, or child.
Many product defects cause catastrophic injuries that can cause a lifetime of pain and medical care. Some of these injuries include:
- Traumatic brain injuries.
- Spinal cord damage and paralysis.
- Loss of limb.
- Burn injuries.
- Broken bones.
- Muscle, ligament, tissue, and nerve damages.
- Bruises and abrasions.
- Hearing loss.
- Vision loss.
- Heart failure.
- Damage to internal organs.
- Cuts and bruises.
We work to secure the following compensation from liable defendants for your injuries:
- Medical expenses including ER care, surgeries, doctor visits, therapy, medications, and medical devices.
- Pain and suffering.
- Loss of income and loss of future earning capacity.
- Compensation for scarring and disfigurement.
- Property damage.
- Loss of consortium.
Help when defective products take a life or cause physical harm
Product liability lawsuits are complex cases. Manufacturers often fight them aggressively because the odds are that the product that caused your injuries has already injured many others, and one loss in court can cause an avalanche of lawsuits to follow. Determining who is responsible for your injuries and under what theory to pursue your case requires the guidance of a knowledgeable legal professional. At Kansas City Accident Injury Attorneys, we fight to hold manufacturers, distributors, and retailers liable for defective products.
Act quickly in order to avoid missing the deadline for pursuing a claim. We encourage you to contact us today for a consultation or use our contact form to schedule an appointment. We have locations in Kansas City, Lee's Summit, St. Joseph, and Olathe, MO, and in Overland Park and Parkville, KS, and represent people throughout Kansas and Missouri.