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When a consumer sustains an injury due to a defective product, a number of parties can be held liable for releasing a product that they knew or should have known posed a risk to users.

If you have been injured by a defective or malfunctioning product, call Joseph, Hollander & Craft’s Kansas City defective product lawyers for a free consultation. We want to help you recover the compensation you are due.

Who can be held liable for a defective product?

A person injured by a defective product may be able to bring a legal claim against one of many different parties, depending on the nature of the product defect. Entities that can be held responsible for an injury that results from a defective product include the manufacturer, wholesaler, or distributor of the product.

There are two main categories of product defects: design defects and manufacturing defects.

• Design defects are faults contained in the original plans or blueprint for a product that eventually causes the product to be unreasonably unsafe and creates a danger for potential users of the product. Design defects will typically be found in all of the same type of product manufactured by a company. If the design defect causes an injury, the company may be held liable to the injured individual.
• Manufacturing defects result from a mistake that happens during the assembly of a product. These product defects are not intentionally caused to be part of the product. Typically, this type of defect will only be found in a small percentage of products made by a company. However, a manufacturer of a product is legally responsible for any defects that occur as a result of faulty creation, assembly, or manufacture. If the defect causes injury to an individual, that hurt individual may have a legal claim against the manufacturer of the product.

If you or a loved one has been injured as a result of manufacturing defect or design defect, JHC’s Kansas City personal injury attorneys can help. We can walk you through the legal requirements for establishing liability and help you determine whether you have a case. If you do, we will help you pursue the compensation you need to address the consequences of your defective product injury.

Failure to Warn

A company may also be liable for failing to warn consumers of a product’s potential risks. This is even true if the included warnings, when followed properly, caused the injury.

The American National Standards Institute (ANSI) is the organization responsible for maintaining rules and regulations for safety symbols and product safety signs and labels. According to ANSI, a warning label should contain the following elements:

• Information for the consumer pertaining to existing hazards
• Information for the consumer identifying the severity of the risk involved with the particular product
• Information for the consumer detailing of the effects of the hazard
• Information for the consumer explaining how to avoid the hazard

Further, a warning label should be highly visible and positioned as close as possible to the area of the hazard. The label should be made to correspond with the life expectancy and the typical setting of the product.

ANSI has also designated three color-coded keywords to alert the consumer of the level of severity of a hazard:

• Danger (red): indicates an impending hazardous event that will end in serious injury or death.
• Warning (orange): signifies a potentially hazardous circumstance that may end in serious injury or death.
• Caution (yellow): identifies a potentially hazardous condition that could end in moderate or slight injury.

Questions that can be asked to determine if the warning label was adequate include:

• Was it likely the product would cause harm to the consumer?
• Was the product being used in the same manner for which it was intended?
• How severe was the harm to the victim?
• What knowledge level could the manufacturer presume the consumer had?
• How much did the label rely on the experience and knowledge of the user?
• Was the warning simple and clear enough that the user could be expected to understand it?

If you find yourself asking these questions following an injury caused by a product that failed to warn of the hazard you suffered, you may have a personal injury claim.

Contact Our Product Defect Injury Attorneys for Free

If you have been injured as a result of a defective product, make sure you get the legal help you need. An initial consultation with JHC’s Kansas City personal injury lawyers today will cost nothing, and we will not charge attorneys’ fees unless and until we recover money for you. Call our Kansas City office at (816) 673-3900 or fill out our online form to speak about representation.

Top Questions About Product Defect Injury Cases

I was injured as a result of a defective product. What are my options?

You may feel overwhelmed or unsure what to do next if you’ve been seriously injured by a defective product through no fault of your own. Although you may feel like you can handle the legal claim on your own, this is usually not a good idea. The at-fault party or its insurer will often treat you like your conduct caused the injury and will refuse to fairly compensate you for the harm their product caused.

When you hire Joseph, Hollander & Craft, our personal injury attorneys will prevent the liable party and its insurance company from taking advantage of you. We will handle your legal claim so that it doesn’t disrupt your life or cause you unnecessary stress during this difficult time in your life. While our personal injury lawyers handle your case, you can heal from your injuries without having to worry about the complexities of the legal process.

What is the cost of a Kansas City personal injury attorney?

It is not uncommon that injured victims have concerns over what it would cost to hire a personal injury attorney to handle their case. However, JHC’s personal injury attorneys work on a contingency fee basis—meaning you will not pay attorneys’ fees until we recover compensation for you. Ultimately, the fee you pay will come directly out of any money awarded to you, so there is no need to stress about fitting the cost into your current budget. If you have sustained injuries as a result of someone else’s fault, contact JHC’s personal injury lawyers today.