Kansas City Products Liability Lawyers
When you buy a product, such as a car or a toy for your child, you should be reasonably certain that so long as you use the product correctly, it will work well for you and serve your purposes. Unfortunately, companies tend to cut corners with their products, resulting in serious product defects, and they sometimes make promises or guarantees that they could never honor. When this happens and a person is injured or killed while using the product correctly, they have the right to bring a products liability lawsuit.
At the Popham Law Firm, we know that company manufacturers need to be held accountable if their product injures a person or causes a wrongful death, and we’re dedicated to helping these victims receive the justice they deserve.
Elements of Products Liability Lawsuits
Any products liability lawsuit in Kansas City begins with a defective product. Something may be wrong in the design itself that makes the product unsafe or there may have been a glitch in the manufacturing process. Regardless, the company did not do its part to check its product and it made it onto the shelves and into consumers’ hands.
In order for the case to make it to the courtroom, the claim must involve these four basic allegations:
- The manufacturer sold their product to a consumer in the course of its business.
- The product was in fact in a defective condition and considered unreasonably dangerous, even when it is used for its intended purposes.
- The defective product was actually used in a manner that would have been reasonably anticipated.
- The consumer suffered an injury or was killed as a direct result of the product’s use and its defective state that was already there when the product was originally sold.
To determine whether or not a product is considered “unreasonably dangerous,” Missouri uses a specific test, which must definitely show two things:
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- A reasonable, safer, alternative design was available to the manufacturer to use at the time the product was manufactured.
- The manufacturer’s decision to not use the safer alternative design therefore rendered the product “not reasonably safe.”
As all cases and products are different, the courts conduct these tests in different ways and they have different standards depending on the product being manufactured.
There may also be other elements that accompany a product liability claim, such as:
- Failure to warn
- Foreign products
- Products that are rendered defective due to a third party’s actions
If you think your case might meet the criteria for product liability or if you have questions, contact the Popham Law Firm. We’ll be happy to help you in the decision to pursue your case.
Common Products Liability Lawsuits
Products liability law is broad and covers a wide range of consumer goods. In general, nearly any product can be the subject of a products liability lawsuit, but some products tend to lead to more lawsuits than others.
Here are some of the more common products that often make up the basis for a product liability lawsuit:
- Defective children’s products
- Hazardous materials and dangerous chemicals
- Dangerous medical devices or pharmaceuticals
- Unsafe agricultural or industrial equipment
Considered to be one of the more common subjects of a products liability lawsuit, pharmaceuticals are not always as safe as consumers believe them to be. Drug companies make several billions from the sale of drugs that come with serious side effects that are undisclosed.
In other cases, drug companies market a drug for a use that was never intended. This often leads to serious injuries, complications and even fatalities.
We at the Popham Law Firm consider this area of products liability to be one of our strongest. We aren’t afraid to take on the big drug companies, and we will fight to see that your injuries are fairly compensated. In these cases, usually the physicians, drug companies and pharmacies all share a bit of the blame. Do not hesitate to stand up for your rights.
Contact Kansas City’s Leading Products Liability Attorneys
An injury or wrongful death from a defective product can change your life forever. Due to your injuries, you might not be able to return to work, and you may need to transfer to another home or have a contractor renovate your home to accommodate a wheelchair or walker. Parents whose children have lead poisoning due to defective toys may find themselves having to find special schools to accommodate their children’s learning disabilities – one of the many possible side effects of lead poisoning.
Don’t let these companies get away with their defective products. Contact the Popham Law Firm and do your part to stop anyone else from being hurt because of a defective product.