Product liability claims are a type of legal action consumers can file against manufacturers, distributors, and sellers of defective products. Most product liability claims in Kentucky are strict liability claims.
Strict liability claims allow an injured plaintiff to file a legal action against a defendant regardless of the defendant’s intent or knowledge when placing a defective product into the consumer marketplace.
Three Types of Defects in Product Liability Claims
There are three types of defects in strict product liability claims. These are manufacturing defects, design defects, and a lack of or improper warning.
- A manufacturing defect occurs during the production or assembly process masking a product unsafe for its intended use;
- A design defect happens before manufacturing or distribution. Design defects are inherent flaws; and
- A lack of warning or insufficient warning may cause improper use of a product or fail to warn of important side effects or hazards associated with a product’s use.
Product liability claims rely on proving one of the above defects and demonstrating how that defect caused a victim’s injury.
When Are Products Not Considered Defective?
There are times when products are not considered defective in Kentucky even if they cause consumer injury.
This includes when any injuries caused are:
- Five years past the date of purchase; or
- Eight years past the date of manufacture; and
- The product met all necessary standards at the time of production including those of manufacturing and design.
With rare exceptions, Kentucky requires product liability claims to be brought within one year of injury. Otherwise, any financial recovery is banned.
What Is The Product Liability Claims Process?
The product liability claims process starts with seeking immediate medical attention for any injuries. Medical care is vital to physical healing and preserving a legal claim.
Medical records serve as documentary evidence.
Next, an injured victim should do the following:
- Keep a record of any medical bills and travel expenses to doctor appointments;
- Document lost wages;
- Preserve the defective product as-is;
- Take photographs of the defective product and injuries;
- Write down eyewitness contact information; and
- Speak with an experienced Kentucky product liability attorney as soon as possible.
Product liability claims are complex. These claims require timely and legally correct filing to eliminate any chances of dismissal.
How a Kentucky Product Liability Attorney Can Help
An experienced Louisville product liability attorney can help to avoid fatal claim filing mistakes. They also have the necessary resources to investigate and pursue large product manufacturers and their insurance companies.
Product liability attorneys handle every step of the claims process including but not limited to:
- Investigating a product and establishing its defect;
- Identifying the liable party;
- Gathering supportive evidence;
- Hiring necessary experts;
- Presenting a compensation demand to any insurance company or defendant;
- Negotiating a settlement; or
- Moving ahead with a jury trial.
The sooner an experienced product liability attorney in Louisville can start on a product liability case, the faster their client can receive monetary compensation.
Contact an Experienced Louisville Product Liability Attorney Today
If you or your loved one suffered injuries while using a defective product, contact the experienced attorneys at Dolt, Thompson, Shepherd & Conway PSC. We have recovered over one billion dollars for our clients across Kentucky.
With more than five decades of combined experience, the team of Louisville personal injury lawyers at Dolt, Thompson, Shepherd & Conway PSC are proud to help the injured of Kentucky. Learn more about product liability in Kentucky and schedule your complimentary claim assessment by calling 502-244-7772 today.