5 Need-to-Know Facts About Product Liability Cases
When you purchase a product, you do so under the assumption it will be safe to use. When this isn’t the case, and you sustain injuries while using it, you have the right to hire a lawyer and seek compensation from the liable party. To ensure you find success with your personal injury case, keep the following information in mind.
What You Need to Know About Product Liability Cases
1. Types of Defects
The first thing your personal injury lawyer will need to figure out is the type of case you’re dealing with. Product liability cases are broken down into three categories — injuries caused by a defect with the product’s design, injuries caused by a defect in the manufacturing process, and injuries caused by inaccurate or misleading marketing or missing information that led to the product being handled improperly.
2. Possible Responsible Parties
Determining the type of case at hand will make it easier to figure out which party your lawyer will need to go after. Typically, this will be one of the following — the manufacturer of the actual product, the manufacturer of the parts that caused the injuries, the store from which you purchased the product, the party that assembled the product, or the wholesaler.
3. Liability
Because defective product injuries fall under strict liability, your attorney doesn’t need to prove the responsible party didn’t meet their due diligence in creating the goods. In these cases, lawyers only need to prove the product didn’t work properly and caused harm.
4. Common Types of Defective Products
Although it’s possible for virtually any type of product to lead to a personal injury case, there are a few examples that are more common than others. These include children’s toys, cosmetics, electronics, medical devices and medications, and cars or automotive parts.
5. Statute of Limitations
Although your lawyer will only need to prove the product was defective and caused harm to prove the liability of the other party, there are still requirements you’ll need to adhere to for a successful case. Particularly, meeting that statute of limitations. Under Kentucky’s personal injury laws, you need to file a case no more than one year after sustaining the injury. If the injury is not immediately apparent, it must become present within five years after using the product.
If you sustained an injury because of a defective product, turn to the team at Williams, Hall & Latherow in Ashland, KY. Since 2000, they have provided local clients with high-caliber legal representation in personal injury and business law cases, helping them recover the compensation they deserve. Visit their website to learn more about their practice, and call (606) 329-1919 to schedule a consultation with one of their lawyers today.