Products Liability Defects/Defective Design, Warning and Guarding

There are three different types of defective products – design defects, manufacturing defects and failure to warn and failure to guard.

* Design defects. Design defects are what it sounds like. The product itself is a poor design that causes injury. Like the location of the fuel tank on the Jeep Liberties is design defect. A rear end collision can cause the gas tank to explode. Other defects can be toys which are choking hazards, smoke/fire alarms that fail to function when needed. In other words, something went wrong at the drawing table.

* Manufacturing defects. Manufacturing defects are products that are made, do not work or which products can be used improperly. Removing a part can result in injury, or wrong parts can be substituted, guards that are removable are an example

* Warnings. Warnings that do no really alert a user of the product that it is dangerous or the warning is inadequate. “Punch Hazard” is inadequate if you can cut off your fingers. It should be guarded.

Manufacturers and sellers of defective products are responsible for their actions that cause an injury or death. Sadly, many manufacturers rush product to market without proper design, adequate resting or appropriate warning. You should not have to pay the price for a manufacturer, distribution or sellers’ failures. Contact an experienced Kentucky products liability attorney today to discuss how and what caused your injury.

Product liability defective product cases involve many parties who can be held responsible. The company who designed the product, and who manufactured the product, as well as the company who distributed the product may all share responsibility for your injury.

In Kentucky, the legislature adopted a specific statute with specific claims that must be proven to win the case.

In order to recover for injuries caused by a defective product, three conditions must generally exist:

  1. The product had an unreasonably dangerous defect;
  2. The defect caused an injury while the product was being used in a way that it as intended to be used; and
  3. The product had not been substantially in terms of operation from the way that it was originally sold.

Products liability cases can be quite expensive to prove. It usually requires testimony from an engineers who have worked in the same industry. Like tire engineers, garbage truck engineers, safety code and warning design engineers for example.

Product liability cases often times include breach of warranty claims and simple negligence and restatement of torts 402A claims.

Defective products cause serious injuries and death. It is very important to involve Bob Blau at the very beginning of your realization that you may have been seriously injured or a family member killed by a defective product. The earlier Bob can hire the engineer to inspect the product the more likely critical evidence will be preserved.

If you or a family member has been injured or killed due to a defective product and are considering filing a Kentucky defective products liability lawsuit, keep in mind that Kentucky a statute of limitations requires that you must file your case within one (1) year of the injury.

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