You should be able to trust that the products you purchase are safe if used as directed and designed. Unfortunately, children and adults are sometimes injured while using consumer products at home, in schools, and in the workplace.
When an individual is injured while using a consumer product, he or she may make a claim for damages through a product liability lawsuit if the product can be proven to be unreasonably dangerous and/or defective.
Injured by a defective product? Call us at 888-709-9329 or contact us by e-mail to schedule an appointment with one of our Madisonville or Owensboro product liability lawyers.
Product Liability Settlements
$1.4 Million: Settlement for a worker injured by a defective industrial product.
$2,600,000.00: Settlement in a product liability case for a man injured due to the defectively designed heavy construction equipment.
$2,300,000.00: Settlement for a woman who was injured in a fall against homeowner and property management company due to defective design of the steps.
$1,400,000.00: Recovery in a product liability case for a worker injured by a defective industrial crane.
$1,000,000.00: Recovery in a product liability case for a steel worker suffering from a brain injury due to a defective man lift.
$990,000.00: Recovery/settlement in a product liability case for an industrial product failure in a coal mine.
$500,000.00: Recovery in a product liability case for a coal miner suffering a head injury from an explosion of a defective tire.
Why You Need a Defective Product Lawyer
In the aftermath of a product defect injury or encountering harm from a defective product, securing the services of a defective product liability lawyer is essential for safeguarding your legal rights and pursuing rightful compensation.
Legal Experience
Navigating the complexities of a product liability lawsuit demands specialized knowledge and expertise. Top product liability attorneys deeply understand relevant statutes, regulations, and precedents, ensuring expert navigation through the legal landscape.
Case Evaluation
An experienced product liability lawyer assesses your product liability lawsuit, identifies liable parties, determines the strength of your claim, and outlines potential avenues for legal recourse. This evaluation is crucial in devising a strategic approach tailored to your specific circumstances.
Evidence Gathering
Effective representation hinges on understanding laws related to defective products and gathering compelling evidence to prove you deserve compensation. Experienced product liability attorneys will gather critical evidence, including medical records, expert testimony, and documentation of the dangerous or defective product, to substantiate your claim and bolster your case.
Negotiation Skills
Many strict liability cases end in settlement negotiations. The best product liability lawyer knows how to stand up to reluctant at-fault parties and fight for compensation for your injuries and losses.
Litigation Advocacy
In the event that settlement negotiations aren’t successful, our dedicated dangerous product trial lawyers will advocate for your rights in court. With a commanding courtroom presence and persuasive argumentation, your personal injury lawyer will tirelessly pursue justice on your behalf.
Securing Compensation
By enlisting the services of a defective products liability lawyer, you significantly enhance your chances of securing maximum compensation. Whether through negotiated settlements or litigation, their relentless advocacy ensures that you receive the financial help necessary for your recovery and rehabilitation.
Contact Rhoads & Rhoads at 888-709-9329 for a free consultation with a product liability lawyer.
What Is Product Liability?
Product liability is the means by which a seller, distributor, supplier, or manufacturer is held liable for introducing a dangerous product defect into people’s lives.
Product liability cases can result from almost any type of injury or death caused by a defective product, design defect, marketing defect, or faulty manufacturing process.
The most common products liability lawsuit cases include:
- Machinery and power tools used by workers, including mining equipment
- Automobile seat belts, air bags, or other parts that caused an auto accident
- Children’s products, including toys, car seats, and cribs
- Pharmaceutical drugs
- Medical equipment
- Cosmetics and personal hygiene products
- Tobacco products
- Food
- Construction equipment
Rhoads & Rhoads has been protecting the rights of the injured throughout Western Kentucky for 50 years, and we specialize in product liability litigation.
If you or a loved one have been injured by a design defect, marketing defect, defective products, faulty medical devices, or flawed manufacturing process, call today.
Our team of experienced trial attorneys and knowledgeable support staff will help you through this difficult time to get you the financial recovery you deserve.
Common Types of Liability Claims
Faulty Automotive Parts: Defective brakes, airbags, tires, steering systems, or accelerators in automobiles can lead to serious accidents and sometimes fatal injuries. Injury victims may be able to recover damages by filing a products liability claim against manufacturers or suppliers.- Pharmaceutical Defects: Dangerous drugs with undisclosed side effects, contamination, improper labeling, or manufacturing errors can cause adverse reactions, complications, or death. When unreasonably dangerous drugs injure patients, victims can file individual or class-action product liability lawsuits against pharmaceutical companies.
- Medical Devices Malfunctions: Defective medical implants, prosthetics, or equipment such as pacemakers, hip replacements, or surgical instruments can lead to complications, infections, or life-threatening complications. Injuries caused by negligent manufacturing processes often lead to litigation and class action lawsuits.
- Electrical Appliance Failures: Malfunctioning household appliances like heaters, toasters, microwaves, or power tools can cause fires, electric shocks, or property damage, resulting in lawsuits against manufacturers or distributors.
Children’s Products: Toys, cribs, car seats, or other children’s products with design flaws, choking hazards, or inadequate safety features can lead to injuries or fatalities, leading to a product liability claim against manufacturers or retailers.- Consumer Electronics Issues: Defective smartphones, laptops, batteries, or chargers may overheat, explode, or pose fire hazards. Injuries caused by or property damage resulting from a manufacturing defect can lead to legal actions against manufacturers or distributors.
- Food and Beverage Contamination: Contaminated food products, beverages, or supplements that cause food borne illnesses, allergic reactions, or injuries due to improper handling, processing, or labeling can lead to product liability lawsuits against food producers or distributors.
- Cosmetics and Personal Care Products Liability: Skincare, haircare, or cosmetic products containing harmful ingredients or allergens can cause adverse reactions, burns, or injuries. These injuries can lead to a product liability claim against the beauty product manufacturers, retailers, and sometimes the celebrities who lend their names to the products.
- Home Improvement Products Liability: Defective building materials, tools, or equipment used in home renovations or construction projects can result in accidents, property damage, or injuries, leading to legal action against manufacturers or suppliers.
- Recreational and Sporting Equipment Defects: Malfunctions in recreational vehicles, bicycles, helmets, or sports gear can cause accidents, falls, or injuries. These cases typically seek compensation from manufacturers, distributors, or retailers.
- Chemical and Environmental Hazard Products Liability: Exposure to toxic substances, pesticides, cleaning products, or industrial chemicals due to inadequate labeling, handling, or disposal practices can lead to health problems, illnesses, or environmental damage, resulting in product liability litigation against responsible parties.
- Household and Consumer Goods: Defective household products such as furniture, appliances, tools, or electronic gadgets that malfunction, break, or pose safety hazards can cause injuries or property damage, leading to legal actions against manufacturers, distributors, or retailers.
- Industrial Machinery and Equipment Issues: Malfunctioning industrial equipment, machinery, or tools used in manufacturing, construction, or other industries can cause workplace accidents, injuries, or fatalities, resulting in product liability lawsuits against manufacturers or suppliers.
- Agricultural and Farming Equipment Problems: Defective farming machinery, equipment, or tools used in agriculture, forestry, or landscaping can lead to accidents. The resulting injuries or property damage may justify claims against manufacturers, distributors, or retailers.
- Transportation and Aviation Defective Products Liability: Aircraft, boats, trains, or other modes of transportation with design flaws, manufacturing defects, or inadequate safety features can cause accidents, injuries, or fatalities. Experienced product liability attorneys help victims recover compensation from negligent manufacturers, operators, or maintenance providers.
If you or a loved one have been injured due to product failure, you deserve to work with one of the best law firms who knows how to protect your rights.
Rhoads & Rhoads law firm has a long-standing reputation for being an aggressive personal injury firm that gets results for those injured by a defective product, vehicle, or medical device.
Our trial lawyers genuinely care about your family and ensure you are compensated appropriately for the serious injuries that you have sustained due to negligence
Call us at 888-709-9329 or e-mail us to speak with one of our Madisonville or Owensboro personal injury attorneys about fighting for fair compensation for an injury or a loved one’s death through a product liability lawsuit.
Types of Compensation for Defective Product Lawsuits
Medical Expenses: Coverage for past, present, and future medical bills related to the injury caused by the defective product.- Lost Wages and Earning Claims: Compensation for income lost due to the injury, including missed work days, reduced work capacity, or inability to work in the future.
- Pain and Suffering: Monetary compensation for physical pain, emotional distress, and mental anguish caused by the injury.
- Disfigurement or Disability: Additional compensation for permanent scars, disfigurement, or disabilities resulting from the injury.
- Property Damage: Reimbursement for any damage caused to personal property as a result of the defective product.
- Punitive Damages: Additional monetary awards intended to punish the defendant for gross negligence or willful misconduct.
- Loss of Consortium: Compensation for the loss of companionship, support, and intimacy suffered by the injured person’s spouse or family members.
- Wrongful Death: If the injury leads to death, compensation for the deceased person’s family for loss of financial support, companionship, and funeral expenses.
- Legal Fees: Reimbursement for defective product attorney fees and court costs incurred during litigation.
- Future Expenses: Coverage for future medical treatments, rehabilitation, or assistive devices required as a result of the injury.
- Loss of Enjoyment: Compensation for the inability to participate in activities or hobbies enjoyed prior to the injury.
- Emotional Distress: Monetary compensation for psychological trauma, anxiety, or depression resulting from the injury.
- Rehabilitation Costs: Coverage for physical therapy, occupational therapy, or other forms of rehabilitation necessary for recovery.
- Travel Expenses: Reimbursement for any travel costs incurred for medical treatment or legal proceedings related to the injury.
- Diminished Earning Capacity: Compensation for the reduction in the injured person’s ability to earn income in the future due to the injury.
The best law firms know how to win strict liability cases. Call Rhoads & Rhoads today at 888-709-9329 or contact us by e-mail to discuss your case with our defective product lawyers.
Steps in a Product Liability Cases Related to Defective Products
Engage a Product Liability Attorney: Retain legal counsel knowledgeable in product liability law to argue your case. A skilled lawyer understands the complexities of this legal terrain, aiding you in gathering pivotal evidence promptly.- Establishing Fault: Determining negligence is pivotal in product liability cases, which often involve multiple at-fault parties, such as:
- The product’s manufacturer
- Component manufacturers
- Installers or assemblers
- Retailers
- Wholesalers
- Evidential Collation: To substantiate your claims, your attorney must provide conclusive evidence of your injury and the at-fault party’s negligence. This includes medical records documenting your injuries and preserving the defective product, medical devices, or equipment that failed. Product ads, instruction manuals, and labels could also prove whether or not the company gave adequate warning of dangers related to your injury. Express warranty documents can provide additional context about the expected life of the product under normal circumstances.
- Expert Analysis: Engage expert witnesses who can provide specialized knowledge regarding the defective product and its impact on your injuries. Their testimony can bolster your case by offering professional insights into the product’s design flaws, manufacturing defects, or failure to provide adequate warnings.
- Class Action Consideration: In cases where the same defective product has harmed multiple individuals, your attorney may explore the possibility of initiating or joining a class action lawsuit. This approach can streamline legal proceedings and amplify your collective voice against the responsible parties.
- Negotiating Settlements: Many strict liability claims are resolved through out-of-court settlements. Your personal injury attorney adeptly navigates negotiations with insurers and opposing counsel to secure a just settlement.
- Litigation Initiation: Should settlement talks fail, the best law firms know how to build a case that protects your rights in a courtroom setting.
Rhoads & Rhoads product liability attorneys help victims like you recover compensation from injuries related to dangerous and defective products, defective medical devices, and inherent flaws in any particular product.
Don’t try to go it alone. Call us at 888-709-9329 or contact us by e-mail to schedule an appointment with one of our Madisonville or Owensboro personal injury lawyers.
Product Liability Statute of Limitations in Kentucky
In Kentucky, regulations dictate specific timeframes, known as statutes of limitations, within which product liability lawsuits must be initiated.
If you do not file your claim within the timeframe, you risk losing your chance for compensation, even if you suffered greatly due to a company’s negligence.
Typically, under Kentucky law, product liability claims must be filed within one year from the date of the injury. However, certain circumstances may extend this statute of limitations in certain types of cases.
Securing the guidance of a seasoned Kentucky product liability attorney is imperative to meet the applicable deadline for your case and ensure timely filing to safeguard your legal rights.
Call Rhoads & Rhoads today at 888-709-9329 or contact us by e-mail to discuss your case with our defective product lawyers.
Different Types of Product Defects
Three major types of product liability injury claims exist. These are not usually put forward as strict liability claims in and of themselves but are placed within the theories of negligence for a serious injury and product liability.
A design flaw or defect.
A design defect exists when the product’s underlying design is inherently dangerous or useless. A design flaw renders the whole line of products defective regardless of how carefully the products were manufactured.
Design defects are proven if one can show the product does not meet “ordinary consumer expectations” for a safe product or that the risks of the defective product injury outweigh any potential benefits.
A manufacturing flaw or defect.
A manufacturing defect, or product defect, is created when a safely designed product is not manufactured according to plans and specifications. Manufacturing defects would include the use of poor-quality materials or poor workmanship.
Failure to warn (sometimes called “marketing defects”)
Sometimes a properly designed and manufactured product has non-obvious dangers even when used for its intended purpose. In the face of such dangers, a product must come with appropriate warnings to alert consumers of the possible dangers.
A good example of this is a warning to keep toys with small parts away from children under a particular age (usually three).
The toy itself may be properly designed and manufactured, but there may be a choking hazard due to the likelihood of a small child putting the toy in its mouth. The toy company is required to warn consumers in these cases.
Call Rhoads & Rhoads today at 888-709-9329 or contact us by e-mail to discuss your case with our product liability lawyers.
What to Do if a Defective Product Hurt You?
If you’ve suffered harm from a hazardous or defective medical device or product, safeguarding your legal rights involves several key actions:
- Seek Medical Attention
Prioritize your health by promptly seeking medical care to assess your injuries. This not only ensures proper treatment but also establishes crucial medical documentation, essential if pursuing a personal injury lawsuit.
- Preserve the Product
If possible, keep the defective item in a secure location to maintain its condition. The product serves as vital evidence, substantiating its flaws or aiding in determining causation and its injury or death impact.
- Document What Happened
Beyond medical records, meticulously document your injuries and the incident. Capture photographs of injuries and the product, and maintain detailed notes from medical appointments.
Retain any pertinent documentation related to the product, such as packaging, receipts, warranties, or maintenance records, as these could prove pivotal if your claim is contested.
- Secure Experienced Legal Representation
Waste no time in seeking assistance from a knowledgeable product liability attorney for a free consultation. With their expertise in product liability laws, they can assess your case and advocate for the comprehensive compensation necessary for your recovery.
Defective product cases can be very complex and expensive, especially against a large company with a whole department full of trial lawyers and legal staff.
Even the most reasonable manufacturer should be held accountable for dangerous product malfunctions and when the company fails to provide adequate warning for unreasonably dangerous products.
Reach out today and let us help you file a product liability lawsuit and make sure negligent companies are held accountable for any injury or death they caused.
Contact Rhoads & Rhoads Product Liability Lawyer
Our law firm has offices in Owensboro and Madisonville and is known for representing product liability lawsuit victims throughout Western Kentucky.
We offer free initial consultations with an experienced attorney, and all cases are taken on a contingency fee basis, which means injured clients don’t have to pay anything upfront.
Owensboro and Madisonville Defective Product Lawyer — No Recovery, No Fee.
We get paid only if we win or settle your case, so there is NO RISK involved.
Send us a message, contact us by phone at 888-709-9329, or reach out via email to schedule an appointment with one of our Madisonville or Owensboro personal injury attorneys.