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When a consumer purchases or uses a product, they do so with the belief and understanding that the product will work safely and as intended. Unfortunately, many products are designed and manufactured with defects that result in people experiencing serious injuries and death. There is no justification for a company to make or sell a product that is not safe for consumers to use. When a product is released that causes injuries to consumers and there is no warning of the hazards of using the product, people have the right to seek compensation from the responsible company. If you have been injured as a result of a product defect, Joseph, Hollander & Craft’s Wichita defective product lawyers can help.

Types of Product Defects

Strict liability is the most common standard when pursuing a claim against a responsible party in product liability cases. In a case involving strict liability, the injured party must prove that, due to a defect, the product that caused the injury was unreasonably dangerous for its intended use. There are three common ways a defective product can be unreasonably dangerous:

• Failure to Warn/Marketing Defect: This defect occurs when a manufacturer or retailer of a product fails to adequately warn consumers about the dangers connected to use of the product. Makers and sellers are required to provide sufficient warnings of potential dangers within the design of the product. They are also expected to provide clear and concise instructions for the safe and proper use of the product. Failure to warn and provide instructions can render an otherwise sound product dangerous.
• Design Defect: Some products have defective designs, even though they have been put together faultlessly. In such cases, the manufacturer can be held responsible for any injuries caused by producing a product with the design defect. An example would be a chest of drawers that can easily topple over.
• Manufacturing Defect: When a product that is typically safe is rendered dangerous because of incorrect assembly during the manufacturing process, it is considered to have a manufacturing defect. If it can be proven that a product was manufactured with a defect that caused an injury, the manufacturer can be held accountable.

Types of Product Liability Claims

There are three common categories of product liability cases: negligence, strict liability, and breach of warranty.

Negligence

A negligence case is based on a claim that inaccuracy or negligence in a product’s design or manufacture resulted in injury. The injured victim has the burden of establishing that the defendant had the responsibility of selling a safe product and that the defendant failed in this obligation. If the plaintiff can substantiate that the defendant knew or should have known that the product had a defect, then a “breach of duty” can be exposed. Additionally, the injured party must prove that their injuries were caused by the defective product.

Negligence can occur during any phase of the development of a product, including drawing up or reviewing product plans and blueprints, the maintenance of the machines used to make different parts of a responsible for fabricating various components of the product, failing to anticipate reasonable uses for the product, failure to adequately check or test the product, and releasing the product to the public consumers too quickly.

Strict Liability

Most product liability claims are pursued under a strict liability theory. In these cases, the injured party must prove that a product has a defect that resulted in an injury, rendering the manufacturer strictly liable for any subsequent damages—notwithstanding any caution and care employed during the manufacture of the product. It is important to note that products purchased second-hand are not eligible for strict liability claims.

Breach of Warranty

Breach of warranty claims are based on the idea that there are two warranties the buyer relies on any time a product is sold. The first is the express warranty, which includes any representation about the product and its safety issued by the manufacturer or retailer. The other is the implied warranty, which is an implied assurance by the manufacturer or other liable party that the product, when used as intended, is not hazardous or dangerous.

A breach of warranty claim applies to anyone who would realistically be expected to use the product.

Product Defect Lawyers Serving Wichita, KS

If you have suffered injury as a result of a defective product, you should reach out for legal assistance and a case evaluation. JHC’s experienced and skilled Wichita personal injury lawyers want to help you pursue your product defect claim. Call our Wichita office at (316) 262-9393 or fill out our online form to speak about representation.

Common Questions About Product Defect Injuries 

What are examples of some products that commonly serve as the basis for a product liability claim?

When a product is not safe to be used for its ordinary or intended purpose, does not adequately warn of potential dangers of using the product, or malfunctions and causes injury or death, it may give rise to a defective product or product liability claim. The term “product” can describe anything purchased or used by consumers. Some examples of products that have been at the center of product liability claims include, but are not limited to:

• Air bags
• Automobiles
• Baby and infant products
• Beauty products
• Food
• Gardening products
• Household items
• Machinery
• Medical devices
• Prescription drugs
• Sporting equipment
• Tools
• Toys

What is a product recall?

Products sold in the United States must meet a specific set of standards regarding safety in order for them to remain on store shelves. If a product is determined to be dangerous or unsafe, it can trigger a national product recall. A product recall is the process by which dangerous products are removed from the marketplace. Persons who experience an injury from the use of a defective product are eligible to file a claim for their damages, regardless of whether their injuries occurred before or after a product had been recalled. If you have been injured by a defective product, contact JHC’s personal injury lawyers for a case assessment.