Product liability refers to the area of law that holds manufacturers, distributors, wholesalers, and retailers accountable for any injuries or damages caused by defective products. This area of law encompasses a wide range of product-related accidents, including those involving defective consumer goods, hazardous drugs, malfunctioning machinery, and unsafe appliances.
If you've been injured or suffered losses due to a defective product, you have the right to pursue financial compensation.
At Goodwin Johnston LLC, our Kansas City product liability attorneys recognize that injuries from defective products can have significant and lasting impacts on your life, from physical pain and emotional trauma to financial burdens.
We have a proven track record of helping victims secure justice and obtain fair compensation. Our team will thoroughly investigate your case, gather necessary evidence, and construct a strong legal argument to hold negligent parties accountable.
Contact us today to schedule an initial consultation so we can talk about your options for maximizing your compensation. Located in Kansas City, we proudly serve clients throughout the states of both Kansas and Missouri.
Different Types of Product Liability Cases
There are numerous cases that could fall under the umbrella of product liability law, each with unique circumstances and challenges. At Goodwin Johnston LLC, we have extensive experience tackling a wide variety of these cases. Whether the issues stem from manufacturing defects, design flaws, or inadequate warnings, our Kansas City product liability attorneys are equipped to handle them all.
The following are examples of the types of cases we have successfully managed, but this list is not exhaustive:
Design defects refer to inherent flaws in the design of a product that make it unreasonably dangerous. These defects are present in the product even before it is manufactured. Examples include vehicles with stability issues that cause rollovers or electronics prone to catching fire.
Manufacturing defects occur during the production or assembly of a product. These defects can result from poor craftsmanship, substandard materials, or inadequate quality control. An example is a batch of contaminated medication that causes serious health issues.
Marketing defects pertain to improper instructions, insufficient warnings, or incorrect labeling of a product. These defects can lead to misuse of the product, resulting in injuries or damage. For instance, a cleaning product that lacks clear instructions may cause chemical burns.
The Challenges of Seeking Compensation
Seeking compensation for a product liability injury often involves going up against powerful companies with solid insurance defense representation. These corporations typically have vast resources at their disposal and a network of experienced attorneys dedicated to protecting their interests.
As a result, they may employ various strategies to minimize their liability, including disputing the severity of injuries, challenging the causation, or even questioning the credibility of the victim.
At Goodwin Johnston LLC, we understand these challenges and possess the expertise needed to counteract such tactics effectively. Our attorneys are well-versed in the complexities of product liability law and have a proven track record of successfully challenging formidable defense teams. We meticulously prepare each case, leveraging our knowledge and resources to build a compelling argument that holds negligent parties accountable.
You can trust us when we say we're dedicated to securing the compensation you deserve. We won't back down until we've exhausted all options for getting you the justice and financial recovery you need to move forward.
Don’t Settle for Less
How Long Do You Have to File a Claim?
The statute of limitations for product liability claims dictates the timeframe within which you must file a legal claim to seek compensation for injuries caused by a defective product. In Kansas, the statute of limitations for product liability claims is two years. This means you have two years from the date of the injury to file a lawsuit against the responsible party. Failing to file within this period may result in losing your right to seek compensation.
In Missouri, the statute of limitations for product liability claims is five years from the date of the injury. This extended timeframe allows victims additional time to gather evidence, seek medical treatment, and consider their legal options. However, delaying too long can make it difficult to collect crucial evidence and witness testimonies, which are essential for building a strong case.
Understanding these deadlines is critical because overlooking the statute of limitations can prevent you from pursuing justice and obtaining the compensation you are entitled to. If you’ve been injured by a defective product, please consult with a knowledgeable product liability attorney as soon as possible to ensure your claim is filed within the appropriate timeframe.
Our Kansas City personal injury lawyers serve clients throughout Missouri—including St. Joseph, Springfield, Columbia, and St. Louis—and Kansas, including Lawrence, Manhattan, Wichita, and Topeka. Call us today to start the process of seeking compensation.
Comparative Fault in Product Liability Cases
Sometimes, the victim may share some responsibility for their injuries. This is where the concept of comparative fault becomes relevant.
Both Kansas and Missouri follow the comparative fault rule but apply it differently. In Kansas, a modified comparative fault rule is used, barring recovery if the victim is found to be 50% or more at fault. If the victim is less than 50% at fault, their compensation will be reduced by their percentage of fault. For example, if a victim is found to be 20% at fault, they can still recover 80% of the total damages awarded.
Missouri, on the other hand, follows a pure comparative fault rule, allowing victims to recover damages even if they hold a higher degree of fault for the accident. Under this rule, the compensation is reduced by the percentage of the victim's fault, regardless of how high it is. For instance, if a victim is found to be 70% at fault, they can still recover 30% of the total damages.
Understanding how comparative fault impacts your claim is crucial for product liability cases. An experienced attorney can help assess the circumstances of the accident, gather necessary evidence, and determine the best strategy to maximize your compensation while navigating the complexities of fault and liability.
Potential Recoverable Damages
Victims of product liability incidents may be entitled to several types of damages to compensate for their losses and assist in their recovery.
Economic damages cover tangible losses, including medical expenses, lost wages, and rehabilitation costs. These damages encompass doctor visits, surgeries, physical therapy, prescription medications, and any other medical treatment necessary due to the injury. Lost wages account for any income lost during recovery and future earnings if the victim cannot return to work.
Non-economic damages compensate for intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life. These damages aim to address the profound impact an accident can have on a person's quality of life and overall well-being.
In certain cases, punitive damages may be awarded if the responsible party's conduct was exceptionally negligent or malicious. These damages serve to punish the wrongdoer and deter similar behavior in the future.
Committed to your justice, our product liability lawyers at Goodwin Johnston LLC will fight for your right to full and fair compensation. Our team has extensive experience handling a wide range of product liability cases and can help build a robust case that fully portrays the extent of your losses. Contact us today to schedule a consultation and learn more about how we can help you move forward after a personal injury.
Kansas City Product Liability Attorneys
If you or a loved one has been injured by a defective product, do not hesitate to contact Goodwin Johnston LLC. Our experienced product liability attorneys are dedicated to fighting for your rights and helping you secure the compensation you deserve. Reach out to us today for a consultation to discuss your case and learn how we can assist you in seeking justice.