Product Liability Attorney in Paducah, KY
Numerous people experience severe injuries or even pass away each year due to defective items. Consumers who purchase defective items may file product liability lawsuits against any negligent person who participated in the production process or authorized the selling of the item. Any physical or tangible item a consumer can get is considered subject property.
Companies earn too much money to disregard mandatory safety inspections and other measures to protect customers. These irresponsible businesses should not abuse consumers’ trust who have purchased faulty, defective products. If a defective product or equipment has hurt you or a loved one, you need competent product liability attorneys at Farmer & Wright, PLLC!
Our Kentucky personal injury attorneys are more than prepared to assist you in bringing a claim against those individuals who are accountable for your injuries since we are well-versed in both state and federal product liability laws. We are sure that we can work with these negligent parties to get you fair compensation. Reach out to our credible and reliable product liability attorneys today or visit our law offices in Paducah, Kentucky!
Why Do I Need a Product Liability Attorney in Paducah, KY?
Consumers who use defective products may suffer damaging effects. Unfortunately, it usually takes several injuries before a product is called out.
Here are the benefits of hiring a product liability attorney:
- The thought of suing manufacturers and retailers may be terrifying. So, a lawyer representing you would be helpful because they will exercise the power of law. They will pursue justice on your behalf.
- They will work to ensure that you get the money you deserve.
- The Kentucky Product Liability lawyer will work with you to ensure that you and your family recover physically and emotionally while prioritizing a complete and just financial recovery.
- They know that product liability incidents can lead to lost wages and high medical expenses.
These cases are usually detailed and complicated. The more technical the object in question, the more complicated the case will probably be. So, a seasoned product liability attorney in Kentucky can speed up the procedure and improve your chances of getting the compensation you fully deserve.
At Farmer & Wright, PLLC, We know Kentucky’s product liability laws and have experience handling similar situations. Our lawyers will examine whatever proof you have saved and determine whether other customers have filed complaints matching yours regarding the same item.
We will assist in identifying the defect that caused your injuries, such as a flaw in the product’s design, manufacturing process, or faulty consumer warnings and instructions. If necessary, our Kentucky product liability attorneys will go to trial on your behalf after negotiating a settlement with the insurance company and other counsel.
We are here to help. Call or visit us today for a free consultation about your case!
What is Product Liability?
A company may be liable for producing or selling faulty products under the law. Our society upholds consumer protection or the notion that customers shouldn’t be injured by the items we buy through product liability. Consumers harmed by a product can generally bring a civil action in state court.
The Farmer & Wright PLLC is committed to protecting clients, individuals, and families in Paducah, Kentucky. If you’re injured due to a faulty product, we are here to help. Our strong reputation mirrors our legal service, and we ensure that we will do everything to make things turn in your favor.
Types of Product Defects
The long list of different product-related tasks that can support a product liability lawsuit is part of the Kentucky products liability statute. It can be in the form of the following:
- Design
- Manufacture
- Instructing
Practically speaking, the following categories of problems are seen to support a product’s liability claim:
- Defective Manufacturing: This occurs when a mistake is discovered during the design and transformed into a useful product. It can be detected if the use of material weaker than intended, failure to sufficiently tighten connections, etc.
- Defective Design: This means that the product was harmful already, even though the manufacturing process was created as it was planned to generate, depending on its shape, size, materials, etc. Also, a design defect only exists if something about the product’s construction renders it unreasonably unsafe. So, it requires evidence of a workable alternative design.
- Defective Instructions that Accompany the Product: The guidelines on using the product safely and outlining the known risks of other uses were insufficient to provide customers with the necessary knowledge and information. Not every customer gets the same instructions; some may have gotten good instructions while others didn’t.
Alteration or Misuse of Products Can Harm Your Case
People who unintentionally experience harm from defective products have the right to seek compensation. However, if the device or product were misused or altered after purchase, you probably wouldn’t be able to claim damages unless your lawyer can show that the injury was still brought on by a fault that existed entirely independently from the alteration or usage.
Product liability claims are typically more difficult than many other types of personal injury cases and need the involvement of one or more experts to clear the case. Having an attorney who will represent you is important.
At the Law offices of Farmer & Wright, we are experienced in assisting clients in pursuit of damages in complex product liability cases.
If a harmful product injured you, speak to our product liability attorney about what you need to support your claims. Contact us today!
Legal Theories of Product Liability
There are three options available to you if a product causes you harm, for which you might seek compensation. Specifically, these are:
- Warranty Breach
- Negligence
- Strict Liability
We believe that information has power, and we will give you an overview of these three legal theories:
Warranty Breach
This kind of warranty is expressed or written down. If this warranty is broken, you might be able to claim product liability. It consists of product labels, packaging, and advertisements. For instance, a breach of the express warranty would only occur if a product was represented as having a feature but didn’t have it when you received it.
Warranty breaches are seldom asserted in product liability lawsuits. Breach of warranty has several restrictions that limit its applicability:
- First, a breach of warranty must be based on a contract, which requires privity between the victim and the supplier. In its simplest form, exclusivity refers to face-to-face communication. Therefore, for a breach of warranty, the affected party usually only has the option of suing the product’s seller rather than the maker or another party that caused the problem.
- Another issue with breach of warranty is that sellers usually include exclusions from warranties in the written contract’s fine print, which might limit the claims that the harmed party may be able to make.
Our product liability lawyer efficiently handles concerns and disputes regarding warranty breaches in Paducah, Kentucky. We represent defective product victims and ensure they receive the refund they deserve. Contact us now for sound legal advice!
Negligence
Negligence is the absence of routine care. A person or business may be responsible for damages if their carelessness results in a defective product.
Here are some important points you need to remember regarding this matter:
- The negligent party could be the producer, the designer, the distributor, the part supplier, or any other person or organization in charge of the flawed product.
- This legal theory is widely applied, and the warranty breach limitations do not cover it.
- Any party, not only the seller, whose carelessness resulted in the product being the cause of the injury may be held accountable for negligence.
- On a negligence claim, attempts to limit warranties are irrelevant.
- Finding the person or entity in charge of the product’s flaw is difficult and requires thorough investigation.
Negligence is a serious matter and should not be set aside. Seek damages with our product malfunction lawyer when a product is found to be defective and caused you injuries. Call us now!
Strict Liability
Strict responsibility entitles the victim of an injury to compensation from the entity that caused the product’s defect. In contrast to negligence, the entity is automatically liable for damages even if they are not negligent. Strict liability just requires that the product be unreasonably harmful and faulty.
Strict liability allows for grounds for a lawsuit from any link in the commerce supply chain, including the manufacturer, distributor, seller, and supplier of parts. This gives the injured party a less expensive and more convenient path to compensation, particularly if the producer is based overseas. Without the need for the injured party to bring the foreign manufacturer in the case, the claimant can sue the distributor or seller in the US.
If you’ve suffered a severe personal injury, you need the help of a competent lawyer. Ar Farmer & Wright, PLLC, our product liability lawyers, can determine the best course of action needed in your case. Contact or visit our law office today for sound legal advice!
Who can I sue for a Product Liability Claim?
For product liability to exist, an entity must have sold the product in the market. Before, once a product injury victim received compensation, there had to be a legal arrangement between the victim and the product’s supplier, known as “privity of contract.” However, that provision is no longer in place in most states, and anyone who is wounded can receive compensation regardless of whether they bought the product or any equipment.
Once a business entity sells a product to someone, anybody who a defective product could have hurt is entitled to compensation.
Any entity in the chain of distribution of the product could be held accountable for a defect, including:
- The retail store that sold the product to the consumer
- The wholesaler
- The party that assembles or installs the product
- The product manufacturer
- The manufacturer of the parts
The business entity must sell a product in the normal course of the supplier’s business for strict responsibility. Due to this reason, it is unlikely that a person selling a product at a garage sale or thrift store would be held accountable in a product liability case.
According to Kentucky’s products liability law, wholesalers, distributors, and retailers are specifically exempt from liability if:
- the manufacturer is known and subject to the court’s jurisdiction;
- they show by a preponderance of the evidence that they sold the product as it was supplied to them by the manufacturer.
They might still be held accountable if they disregarded an express warranty or knew or should have known that the products were defective.
Due to the technicality of product liability cases, expert help and testimony are usually required to prove legal liability. This matter can be stressful on your part, and we are here to lend a hand.
Contact our product liability lawyers in Paducah, Kentucky, today!
Product Liability Damages
You are entitled to receive that sum of money back after proving that the product’s malfunction caused you harm and that it cost you money. Typical product liability damages cover your hospital bills, lost wages, pain, suffering, and decreased quality of life you have already endured.
In some cases, you may be entitled to punitive damages, which are meant to punish the defendant rather than just compensate for your losses. This would be the case if the incident caused you to have brutal and life-threatening injuries.
Call our Product Liability Attorney in Paducah, KY, Now!
Contact a Kentucky product liability attorney at Farmer & Wright, PLLC, if you or a loved one has been hurt due to a defective product. We have extensive expertise with cases involving product liability law and have successfully recovered settlements for clients who have suffered harm.
To ensure that everyone accountable is punished and that you obtain a complete and just financial recovery, our attorneys will fight for you. Contact us now, or visit our law office in Paducah, Kentucky!
If You’re A Victim of a Defective Product, Take Action!
You can take action to protect your claim if an unsafe or faulty product has caused you harm.
The claimant should keep the product, packaging, price tags, and receipts. Additionally, you need to keep any documentation of physical harm brought on by the defective product. Contact our experienced product liability attorneys if you want to file a personal injury claim. We will ensure that we will help you get the fair compensation you deserve.
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