Kansas City Product Liability Attorneys

A:Product liability is the body of law that provides for compensation for physical injuries and property damage resulting from defective and unreasonably dangerous products and from the failure of a manufacturer or seller to warn the consumer of product dangers.

A:Failure to warn is the claim that a manufacturer failed to provide directions for the safe use of a product or failed to warn the consumer against dangers inherent in product misuse. For example, a manufacturer who sells a painkiller without warning that use of the drug could impair the user’s ability to drive a car or operate machinery may be liable if the consumer is injured. Defective design is the claim that a product is, at the time it is sold, in a defective condition, making it unreasonably dangerous to the ordinary consumer. For example, a seller who designs a circular power saw that does not include a blade guard may be liable if the user suffers an injury from the unguarded blade.

A:This is a concept known as “foreseeable misuse.” Manufacturers are required to anticipate the real-world uses of their products and are responsible for “foreseeable misuse” by the consumer. Foreseeable misuse includes foreseeable product alterations by the consumer. A manufacturer must also warn a consumer of dangers associated with product misuse.

A:The alternative theories of liability in a product liability case are (1) strict liability; (2) negligence; and (3) breach of warranty. Sometimes, all three theories are pursued in one case.

A:Strict liability is the legal principle that a person or company that sells a product in a “defective condition” that is unreasonably dangerous to the ordinary user may be liable for any resulting property damage or physical injuries. The defect may be in the product’s design or manufacturing, in the product’s container or packaging, or in the instructions or warning necessary for the product’s safe use. In a strict liability case, the injured person is not required to prove the manufacturer or seller was negligent.

A:Negligence involves a breach of the duty of care the manufacturer or another liable entity owes to consumers. In other words, if a manufacturer or similar party fails to take reasonable steps to prevent ordinary consumers from suffering foreseeable injuries or harm, that manufacturer or similar party could be considered “negligent.” Manufacturers, distributors, and other entities owe consumers a duty of care in regards to product design, manufacturing, assembling, and instructions and warnings. This means that they have a responsibility to design, manufacture, and label products in a way that reasonably prevents consumer harm.

A:Breach of warranty occurs when a product manufacturer, distributor, or similar entity violates an express or implied warranty to consumers. Such warranties typically involve the representation of the product to the public, which might include representation of what the product does, how it should be used, and the product’s purpose. When a product does not perform as expected or as represented, this typically proves that there was a breach of warranty.

A:When a defective product causes harm to consumers, injured individuals can seek compensation for both economic and non-economic damages. Economic damages are any losses or damages that can be assigned a set dollar amount. Non-economic damages are those losses that do not necessarily have a monetary value attached to them, but which nevertheless lead to significant suffering for the affected individual.

A:As mentioned in the previous question, economic damages are any damages with a specific dollar amount/monetary value. Examples of economic damages include medical bills for past and current treatment and care, future projected medical expenses, lost income/wages from time taken off work, lost future earnings, loss of earning capacity when injuries are disabling, the value of household and childcare services provided for no pay, funeral/burial expenses, and more.

A:While every case is unique and, therefore, the exact economic and non-economic damages you could recover will differ, many product liability cases allow plaintiffs to seek the following non-economic damages: pain and suffering, emotional distress, trauma, mental anguish, inconvenience, disfigurement, physical impairment/disability, loss of enjoyment of life, loss of love and companionship, and more. While all non-economic damages are capped in Kansas at $250,000, regardless of the severity of the victim’s injuries and damages, the state of Missouri does not have any cap on non-economic damages in product liability cases. However, there is a cap on non-economic damages in Missouri in medical malpractice and negligence cases.

A:Punitive damages are distinct from both economic and non-economic damages in that they are not based on the degree of injury the plaintiff has suffered. Instead, punitive damages are meant to punish defendants for acting with “reckless disregard” for the safety of others or for “wanton or intentional” misconduct. It is exceedingly rare to recover punitive damages in product liability cases, but it is not impossible. In some circumstances, pursuing punitive damages may be appropriate. We encourage you to reach out to our tam for a free consultation to learn more, including whether punitive damages may apply in your product liability case.

A:When determining whether to accept a product liability case, our firm looks at a number of factors, including the probable resolution versus the cost of litigation. Product liability cases are very complex and can be extremely time-consuming and expensive to pursue. Our firm’s policy is to only accept those cases that we believe contain enough merit to warrant the costs associated with investigating and litigating the case, as well as those that we believe will result in a significant favorable outcome for our clients.

A:When you bring a potential case to our firm, we begin with a free initial consultation. During this consultation, we will learn the facts of the case as you know them and decide whether your case is one that we believe we can win, one that we believe merits litigation, and one that falls within our area of experience and skill. If we decide to accept your case, we will then begin the investigation phase. This involves collecting all relevant records and documents, such as accident reports, medical records, product and recall reports, company brochures, and more. Before obtaining any sensitive documents, we will always obtain your written authorization. If we believe there is a strong possibility that a product was defective, we will submit it to the appropriate experts for review, asking them for their opinions on the issues of the defective nature of the product, damages, and causation. This review can be quite expensive and time-consuming (anywhere from $5,000 to $10,000 per expert and up and often taking several months). The financial arrangements for investigations are determined on a case-by-case basis. If, after consultation with experts, we believe that we can satisfy our burden of proof, we recommend that the case be filed. We handle these cases on a contingency fee basis, meaning you are not required to pay any out-of-pocket expenses.