For those harmed by a defective
product in Eastern Kentucky, Kinner & Patton can help you receive
the compensation you may be entitled to under the law.
Under the legal theory of product liability, a consumer may be
entitled to compensation when he/she is injured by the proper use of a
product. Our Eastern Kentucky product liability attorneys have
extensive experience with all types of product liability situations.
Please read on to learn more about product liability. If you feel you
or a loved one has been harmed by a defective product, please contact
our office. We can review your situation with you and determine
whether or not you have a viable product liability case.
As a general service to the public, we offer the following explanation
of what a product liability case is and what you should do when you
suspect you have been injured by a defective product.
A product liability case can arise with the use of any product. A
product is anything that is sold, except services and real estate.
Machinery used in industry, in the office, on the farm or in the home
is frequently the cause of personal injury and product liability
litigation. The same is true of food products sold in restaurants,
groceries sold in supermarkets and drug products sold over-the-counter
or by prescription. Manufacturers and sellers of defective products, or
products whose labels or instructions fail to warn you of the likely of
hazards of improper use may be responsible under the legal theory of
product liability for any injury caused by such products.
There are several ways a product liability case can arise. In some
cases, the product may have been designed incorrectly. In other cases,
the design of the product may have been correct, but the product defect
occurred during the manufacturing phase. Another possibility is that
the product was designed and manufactured correctly but marketed in a
way that caused the injury, such as with insufficient warnings or
instruction. Any of these defects may raise the legal issue of product
liability.
In a product liability situation in Eastern Kentucky, the manufacturer
or the seller of the product may be at fault under the legal theories
of negligence or strict liability. Strict liability means that a
consumer has the right to not be injured if he uses the product the way
it was intended to be used and according to the manufacturer's
instructions. Even if the product was designed, manufactured, and
marketed according to the law, you may still receive compensation under
the rules of strict liability if you properly used the product and the
product nevertheless harmed you.
Manufacturers typically defend product liability lawsuits by
claiming improper use, failure to heed warnings or follow instructions,
or alterations to the product by the purchaser. If the manufacturer of
the product is found to be negligent, the manufacturer may be held
accountable for any injuries sustained by the consumer under the legal
theory of product liability.
Depending on the product involved and the type of injury inflicted,
product liability law, as well as state and federal statutes and
regulations, may be relevant to your situation. If your loved one was
killed because of a defective product, you may have a wrongful death
cause of action in addition to your product liability case.
As this general explanation of product liability illustrates, there are
many factors involved in product liability law. It is extremely
important to seek professional counsel regarding the particulars of
handling a product liability case. Kinner & Patton has decades of
experience with product liability lawsuits of many types.
If you suspect that you or a loved one was injured or killed as a
result of a defective product, please contact Kinner & Patton to
talk about your situation. If we determine that you have a viable
personal liability claim, we can discuss representation at no cost to
you until damages are awarded or a settlement is reached, and you
receive the compensation you are entitled to under the law.
