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Too often, people find themselves the victim of injuries caused by defective products they use in everyday life. In the United States, products are required to meet certain safety expectations. If a defective product has injured you or a loved one, it is important to contact an experienced Overland Park personal injury lawyer. Contact the Overland Park product defect lawyers at Joseph, Hollander & Craft for your free initial consultation.

Products Liability Explained by Our Overland Park Product Defect Lawyers

It is the responsibility of the manufacturers and designers of a product to make sure that the product works safely and properly, but not all products do. Some are defective—by way of design, manufacturing, or marketing. A product with any or all of these types of defects can cause serious injury to consumers who buy and use the faulty product. When this happens, the manufacturer of the defective product responsible for the injury can be held financially liable for damages.

It is important for consumers to remember that the makers and sellers of products have an obligation to consumers to design, assemble, and sell safe products. If a product is “unreasonably dangerous” or is “unsafe for reasonably foreseeable uses,” harm may result. And a product liability lawsuit could be warranted.

Damages in a Product Liability Injury Case

In a product liability case, compensation to the injured party is determined based on the level of damages. Damages are losses that a consumer experiences when they are injured by a defective product. Some of the most common types of damages JHC’s Kansas City personal injury attorneys help clients seek include:

• Medical expenses: Any charges for doctor visits, hospital stays, physical therapy, prescription drugs, medical devices, counseling, and transportation to and from medical appointments. This pertains to current and future medical expenses.
• Lost income: Time missed from work as a result of the injury or to seek medical treatment for the injury. Lost income also includes the loss of future earning capacity, in the event you are no longer able to work or cannot earn at the same income level prior to the injury.
• Pain and suffering: This is compensation for ongoing physical pain, mental, emotional and psychological trauma, loss of enjoyment of life or quality of life, disfigurement, and other possible effects of your injuries.
• Property damage: Any loss or damage to your property experienced from the use of the defective product.
• Cost of the product: This is particularly important if the defective product was a big-ticket item.

Damages for Wrongful Death Caused by Product Defects

In some cases, the injuries suffered due to a defective product are so severe, they result in death. If your spouse, parent, child, or loved one has died because of a defective product, compensation may be available through a wrongful death claim. Damages that can be sought through a wrongful death lawsuit include:

• Lost wages and earning capacity
• Lost inheritance
• Lost care, support, and counsel
• Lost love and companionship
• Pain and suffering for emotional anguish from the loss
• Medical expenses incurred before death, and
• Funeral and burial costs.

Product liability injury and wrongful death claims can both also result in punitive damages awarded in cases involving gross negligence. Punitive damages are intended to punish negligent parties and to prevent such negligence from happening again in the future. Our Overland Park product defect lawyers can help you determine whether to seek a punitive damages award in your case.

Common Defective Products

Any product that causes someone harm because it is defective can lead to a product liability claim. While the list of possible defective products is inexhaustible, the following includes some of the most common products found to be defective and result in product-related injuries:

• Defective vehicles and parts are some of the most widely publicized faulty products. There have been news stories about defective airbags, brakes, safety equipment, ignitions, and tires that have the potential to cause injury to motorists. The number of product recalls in the auto industry has increased significantly in recent years.
• Defective children’s products far too often pose a threat to the safety and health of our most vulnerable members of society. The list of defective children’s products includes many goods from defective toys to faulty car seats and baby carriers.
• Defective drugs and medicines that are sold to consumers can sometimes be faulty or contaminated. A significant percentage of new drugs sold to consumers will be recalled or will need to be given an additional safety warning after they are released to the public. Some are sold as prescription drugs and others are available as over-the-counter medications.
• Improper labeling may not sound dangerous, but it is one of the biggest threats a product can pose to users. If a manufacturer does not provide instructions on the use, care, and storage of a product, a normally safe product can easily become hazardous.

Free Product Liability Injury Consultation with Our Overland Park Product Defect Lawyers

If you have been injured as a result of a defective product, contact JHC’s Overland Park personal injury lawyers today. We offer a free initial consultation. And, because our attorneys work on a contingent fee basis, you will not pay any attorney fees until we recover financial compensation for you. For help recovering compensation for your defective product injury, call our Overland Park office today at (913) 948-9490.

FAQs

How can I tell if I have purchased or used a defective product?

It can be difficult to determine if a product you have purchased or used is considered a defective product. If you were using the product as it was intended and sustained a loss or injury that was not connected to normal wear and tear or improper use, then you may have grounds for a product liability claim.

You can also access the list of recalled products compiled by the Consumer Product Safety Commission. The CPSC provides news releases and safety education materials to help consumers stay well informed about different products that have been found to be defective and can cause safety hazards. While it might not have every faulty or defective product listed, it is a good place to start.

What kinds of injuries are a basis for a defective product personal injury claim?

Depending on the product and the nature of the defect, injuries such as broken bones, burns, internal organ damage, traumatic brain injury, lacerations, and electrocutions can result. Any of these injuries can be a basis for a personal injury claim against the company in charge of designing, manufacturing, or marketing the product.