McCoy & Hiestand Attorneys at Law

When a defective product like medication, a motor vehicle, electronic device, home appliance, or food causes personal injury, illness, death, or damage to property, it may be necessary to consult a Louisville injury lawyer. An injury resulting from a defective product is often unexpected, and may cause the victim and his or her family pain and suffering. Victims of the malfunction of a defective product deserve justice and financial compensation for the damages that resulted after using the hazardous item.

In these cases, contracting a Louisville product liability attorney can prove to be a sound decision in order to ensure that consumer rights are protected, justice is served, and victims are compensated for their troubles.

Manufacturer’s Liability

In Kentucky, the news reports product recalls on a regular basis when a manufacturer determines that the item in question may be hazardous to consumers. Product recalls arise when a consumer sustains bodily injury, damages to personal property, or death as a result of a defunct product. These often lead to the individual filing a lawsuit. According to Kentucky law, a manufacturer is accountable for reparations when these injuries or damages may be the result of any product that has faulty:

  • Manufacturing, construction, or design
  • Formulation
  • Development of standards
  • Preparation, processing, or assembly
  • Testing, listing, or certifying
  • Warnings or instructions
  • Packaging, labeling, marketing, or advertising

If any of these aspects of a product are not in keeping with industry standards and federal safety regulations, an individual who suffers as a result of the use of the product can take legal action against the manufacturer of the product.

Kentucky Product Liability Law

It is important to note that Kentucky product liability law states that in order for an individual to take legal action, he or she must have been using the product appropriately as instructed by the manufacturer. Injury sustained as a result of the misuse of a product is not protected by law. Additionally, an individual may not be able to file a claim if a product was modified from its original form without approval by the manufacturer, or if regular maintenance was not done in keeping with the manufacturer’s instructions.

There are also some time caps to consider in product liability cases in Kentucky. A claim cannot be made if five or more years have passed since the sale of the product to the first consumer, or if eight years have passed since the product was manufactured. For these reasons, it is best to consult a Louisville product liability lawyer as soon as an injury or damage to property occurs to ensure that timelines are met, and a case can be made against the manufacturer.

Common Product Liability Cases

Contaminated meats, exploding phones, top-heavy dressers that topple easily, malfunctioning airbags in cars—these are just some examples of ways products may be defective and pose hazards to consumers. Explosions and fire hazards may be causes of damage to personal property as well.

As a consumer-driven society, people are using new products every day, which means that there is always a risk of injury as people must discover faults through the use of the product. Infants and children are the most vulnerable in many cases of defective products with small toys that pose choking hazards and large furniture falling on them.

There are many ways a defective product can cause injury. The most common types of injury risks caused by defective products are:

  • Burns
  • Electric shock
  • Choking
  • Lacerations
  • Unlisted medical side effects
  • Head trauma
  • Falls

In extreme cases, defective products can cause a fatality. The death of a loved one can cause a family to experience deep grief and may have a huge impact on their lives. In these unfortunate cases, having legal representation, such as a Louisville product liability attorney can help assure that there is accountability on the part of the manufacturer and that the individuals affected receive adequate financial compensation.

Fighting for the People

When a defective product causes injury, damages to property, or even death, it is important to take action and exercise consumer rights. Suffering physical harm after using an item that was purchased to improve a person’s quality of life can be a frustrating and distressing experience. Manufacturers must be held accountable to consumers when their products are hazardous.

If you are in a situation requiring legal counseling for a product-related injury, contact us today to learn how a Louisville product liability lawyer can help.

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