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Product Liability Lawyers
When you purchase a product, you expect the product to function according to the features and specifications promised by the manufacturer and the distributor of the product, whether it is a retailer or a wholesaler. The last thing you expect a product to do is harm you or someone in your family. As a form of personal injury law, a product liability lawsuit holds the manufacturer, distributor, and/or retailer legally liable for selling you a defective product that caused you to sustain injuries.
If a defective product harmed you and/or a loved one, you should contact one of the product liability lawyers in Owensboro, KY. An experienced product liability attorney conducts an investigation to determine whether the manufacturer, distributor, and/or retailer should be held legally liable for selling a defective product that caused one or more injuries. The investigation includes gathering and organizing physical evidence, such as the records of medical tests, as well as interviewing witnesses that provide support for your version of events.
At Morgan and Morgan, our team of personal injury attorneys has helped clients recover more than $14 billion in monetary damages. A significant percentage of the monetary damages awarded for personal injury cases involves product liability lawsuits. Our team of product liability lawyers in Owensboro, KY either file a civil lawsuit that seeks monetary damages or negotiates a settlement with the party responsible for manufacturing and selling you a defective product.
Schedule a free case evaluation today with one of the product liability lawyers in Owensboro, KY from Morgan and Morgan.
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What Are Design and Manufacturing Defects?
If you sustained one or more injuries as the result of using a defective product, you might have enough persuasive evidence to file a civil lawsuit that seeks monetary damages. One of the first items on the agenda of the attorney representing you for Morgan and Morgan is to determine which type of defect negatively impacted the performance of the product in question.
A design defect represents a serious flaw in the original blueprint followed by the manufacturer. For example, a common type of design defect is an automobile part malfunctioning because the original blueprint for creating the motor vehicle part contained one or more serious flaws. Design defects for products such as automobiles often lead to the manufacturer issuing a product recall.
Your lawyer asks three important questions when determining whether a defective product is malfunctioning because of a design flaw.
- Was the design of the product dangerous prior to the production process?
- Should the manufacturer's design team have discovered the design flaw before production?
- Did the manufacturer fail to choose a superior design that maintained the purpose of the product, while improving its safety features?
Manufacturers can produce defective products during the assembly process. Typically, a manufacturing defect negatively impacts a small percentage of the same products manufactured by the manufacturer. Based on the legal principle of strict liability, a manufacturer that produces a defective product because of a manufacturing defect is legally liable for any injuries sustained by consumers. A plaintiff must prove a manufacturing defect that happened before the release of the product in question caused the plaintiff’s injuries.
What Does Failure to Warn Mean?
Another factor that can lead to the filing of a product liability lawsuit is called failure to warn. Failure to warn means the manufacturer of a product must present warnings to prevent consumers from improperly using certain products. Manufacturers also must include instructions that help prevent users from sustaining one or more injuries.
The American National Standards Institute (ANSI) is the organization that is responsible for creating and enforcing warning label guidelines. According to the guidelines issued by ANSI, manufacturers must educate consumers about potential product hazards, as well as inform consumers about the potential risks that are associated with using a certain product. ANSI warning label guidelines also require manufacturers to explain the effect of a product hazard and how to avoid the product hazard by using the product properly.
What Are the Three Types of Product Liability Lawsuits?
One of the most important discoveries during an investigation conducted by one of the product liability lawyers in Owensboro, KY from Morgan and Morgan concerns the type of product liability lawsuit to file. The attorney you work with from Morgan and Morgan considers three possible types of product liability lawsuits.
Most product liability lawsuits fall under the strict liability legal doctrine. The injured party only has to prove that a defect in a product resulted in the development of one or more injuries. Your product liability attorney presents evidence that describes how a product should have worked, as well as submit physical evidence that educates the judge or jury hearing your case about how the product in question did work.
As a much more difficult type of civil lawsuit to win for a product liability case, proving negligence requires your lawyer to demonstrate that the manufacturer carelessly designed and/or manufactured a defective product. Your attorney must show the manufacturer had a duty of care to protect you from harm, as well as prove the manufacturer violated a duty of care by knowing the product in question might cause injuries. Proving negligence also involves demonstrating the defective product causes your injuries. The final step of proving negligence requires you to show the injuries you sustained caused financial losses.
Breach of Warranty
As a type of product liability case, breach of warranty does not have to involve a product causing a consumer harm. Breach of warranty means the manufacturer of a product failed to fulfill certain guarantees written into a legal document called a warranty. An express warranty refers to the promises made by a manufacturer concerning the performance of a product. For example, many manufacturers include a pamphlet within the packaging for products that include the express promises made by the manufacturer.
What Is the Statute of Limitations in Kentucky for Filing a Product Liability Lawsuit?
Another reason why product liability lawyers in Owensboro, KY can help clients regards the filing of a civil lawsuit before the expiration of the statute of limitations. Each state has established a deadline for filing a product liability lawsuit. Most states have set the statute of limitations between two and four years, with a few states going as high as six years and as low as one year. Kentucky has established a statute of limitations for filing a product liability lawsuit at the low end of the scale. If you sustained one or more injuries as a result of a defective product, you have just one year to file a civil lawsuit that seeks monetary damages.
If you fail to meet the one-year deadline for filing a product liability lawsuit, the attorney representing the defendant will inform the court clerk about the missed deadline. You can expect the court clerk to remove your civil lawsuit from the judicial docket. With just one year to file a product liability lawsuit, you should act with a sense of urgency by contacting one of the product liability lawyers in Owensboro, KY from Morgan and Morgan.
What Should I Consider Before Hiring a Product Liability Attorney?
You have several product liability lawyers in Owensboro KY and surrounding areas to choose from for legal representation. What factors should you consider to ensure you select the best product liability lawyer?
Specializes in Litigating Product Liability Cases
You want more than just a personal injury attorney to represent you during a product liability case. Personal injury law covers several practices that include auto accidents, slips and falls, and premises liability. Product liability also falls under the personal injury legal umbrella. At Morgan and Morgan, our law firm has created a team of litigators that handle just product liability cases.
Demonstrates a Record of Success
Most attorneys promote experience as one of the most important criteria to consider when deciding which attorney to hire. However, simply hiring an attorney because of the number of years the lawyer has practiced law is not a good enough reason to make one of the most important decisions you can expect to make during the entire legal process. You want to work with one of the product liability lawyers in Owensboro, KY who can demonstrate an impressive record of winning civil lawsuits for clients. Check out our record of success by accessing the “Our Results” page on the Morgan and Morgan website.
Represents You From Start to Finish
Choosing a product liability lawyer requires a considerable amount of research and a certain degree of confidence that you have selected the best litigator to handle your case. The last thing you want to occur is to meet with a product liability lawyer for a free case evaluation, and then never see the same litigator during the rest of the legal process. At Morgan and Morgan, the product liability attorneys that we assign to clients partner with the same clients from the day of a free case evaluation to the day when a case gets resolved.
Product liability cases often involve complex legal terms and processes that can overwhelm many clients. The product liability attorney from Morgan and Morgan who handles your case will explain complex and confusing legal terms in easy-to-understand language. Your lawyer also will respond to messages promptly to give you peace of mind during the litigation process. If you send an email or text message, as well as leave a voice message, you should hear back from your lawyer during the same business day. If you need to reach your attorney after business hours, your lawyer will contact you the following morning.
Hold a Manufacturer Accountable for a Defective Product
The one-year statute of limitations for filing a product liability lawsuit means you must be proactive and hire an attorney from Morgan and Morgan to handle your case. You might be entitled to receive monetary damages that cover the cost of medical bills and lost wages, as well as any emotional issues that have diminished the quality of your life. In addition, the judge or jury hearing your case might award you punitive damages.
Schedule a free case evaluation with one of the product liability lawyers in Owensboro, KY from Morgan and Morgan.