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Product Liability

What is a faulty product liability case?
What are common types of defective product liability cases?
What types of injuries can occur due to product liability and negligence?
What should I do if I have been injured by a defective product?
When can I file suit in a product liability case?
Why do I need a lawyer to oversee my product liability injury case?
What compensation can I receive for my defective product liability injury?
The insurance company has made an offer in my faulty product liability case. Should I accept it?

Q: What is a faulty product liability case?

Thousands of consumers are injured every year by faulty or defective products. If a product is not designed, manufactured, labeled, or installed properly, fires, serious injury or even death can result. In Kentucky, an injured consumer can hold manufacturers and suppliers responsible when a product causes severe personal injury or death. Product liability cases are extremely complex. Determining all of the responsible parties in a faulty product case can be difficult – often requiring expert witnesses and extensive research to make sure the victim and his/her family get all the compensation they are entitled to.

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Q: What are common types of defective product liability cases?

Product liability and negligence can encompass a wide range of cases. Some of the most common include:

  • Automobile defects (such as design defects, faulty parts, recalls, tire explosions, etc.)
  • Defective appliances and electronic devices (such as exploding laptop batteries, defective hair dryers or water heaters, leaking gas ovens, etc.)
  • Defective power tools or outdoor equipment (lawnmowers, power drills, chainsaws, utility vehicles)
  • Defective or contaminated medical equipment
  • Industrial equipment
  • Dangerous children’s products or toys
  • Medication defects/recalled drugs
  • Food recalls

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Q: What types of injuries can occur due to product liability and negligence?

Product liability injuries frequently include burns, allergic reactions, poising, broken bones, falls, auto accidents, workplace injuries, and other injuries. Child injuries can also be caused by defective products or toys. If you have been injured due to product liability or negligence, contact an experienced personal injury attorney to review your case.

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Q: What should I do if I have been injured by a defective product?

Obviously, the first thing you need to do is get medical treatment right away for any injury sustained by a defective product. It is also important to keep the product in its post-accident state. Take photos of the scene, the product, and your injuries. Get names, contact information, and statements from any witnesses who saw the injury occur. Of course, it is also important to contact an experienced product liability attorney to oversee your case.

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Q: When can I file suit in a product liability case?

In Kentucky, the amount of time you have to file suit after an injury caused by a faulty product is generally one year after the date of injury. However, be aware that Kentucky has a statue of repose in product liability cases which states a product is not considered to be defective if the injury, death or other damage occurred more than five years after the date of sale to the original consumer, or more than eight years after the manufacture date. This statue also takes into account the design, method of manufacture and testing practices that were utilized in the industry at the time of the product’s design and manufacture. Product liability cases can be difficult to prove, so call an experienced product liability lawyer immediately so the evidence can be preserved and you can begin putting your life back together.

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Q: Why do I need a lawyer to oversee my product liability injury case?

There are many complex factors to consider in a defective product liability injury case. Determining the at-fault parties can be difficult – is it the person who installed the product, the product manufacturer, the supplier, or some other party? Was the whole product defective or just a single part? Is there a flaw with that single item or is this product failure an indication of issues across the entire product line? Have there been other cases of this type around the country? Get an experienced attorney on your side to fully investigate your product liability injury case.

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Q: What compensation can I receive for my defective product liability injury?

If you have suffered a severe injury due to a faulty product, you are entitled to recover for the medical expenses incurred treating your injury. You may also be able to collect lost wages for missed work or future lost income if your ability to work has been affected by the injury. Additional damages you may be entitled to include future medical expenses, rehabilitation or therapy, and long-term care, if needed. If your loved one was the victim of a faulty product liability injury that results in death or severe permanent impairment, your family may be entitled to seek compensation for the loss of financial support, pain and suffering, loss of consortium (companionship), punitive damages, or you may be able to pursue a wrongful death claim. Contact us for a free case evaluation.

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Q: The insurance company has made an offer in my faulty product liability case. Should I accept it?

Never accept payment from the insurance company before consulting with an attorney – especially if you or your loved one has suffered a severe injury due to a defective product. If you accept compensation now, you may be giving up your right to file additional claims in the future. Only an experienced attorney can help you determine the full value of your case in terms of past, present, and future medical bills, past and future lost income, and additional losses for you and your family. Call Warren and Barren County, Kentucky attorney Flora Templeton Stuart at 1-888-782-9090 immediately to investigate your defective product liability injury claim to ensure you get all the compensation you are entitled to.

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The Law Firm of Flora Templeton Stuart works on a contingency fee basis. That means we only get paid from your recovery in a medical malpractice case. Contact us for a free consultation.

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