Bruce Law Group, LLC – Defective Products
Products sold to the public must be in a safe condition so that people do not sustain serious injuries or even death from using or consuming them. At Bruce Law Group, LLC, our skilled attorneys handle all types of defective product cases against companies who sell and distribute harmful products to the public. Product manufacturers must ensure that when their product leaves the warehouse, it is both safe and effective for its intended use. If the products are not safe and our clients our injured, we diligently pursue a lawsuit to the fullest extent allowed under Kentucky law.
Kentucky Product Liability Law
Under Kentucky’s Product Liability Act, an individual may file a product liability action for a defective product if the use or consumption of the product caused personal injury, death, or property damage. Under Kentucky Revised Statutes Section 411.300, a product may be defective in a number of ways, such as “manufacture, construction, design, formulation, development of standards, preparation, processing, assembly, testing, listing, certifying, warning, instructing, marketing, advertising, and packaging or labeling of any product.”
As you can see from the list of potential defects described above, it can often be difficult to determine what the true defect of a product is, if it is found that a person has been harmed by a particular product. The bullet points below explain what some of the defects listed above mean.
- Manufacturing, construction, preparation, processing and assembly defects occur after a product is designed. These steps occur in the warehouse setting when a product is being put together, so to speak. Therefore, it a person is injured by a defective tire, for example, and it is found that the tire was improperly manufactured at the warehouse, this person may have a product liability claim not for the design of the tire, but for the way it was built. This is a type of defect that may not be present for all tires of this type, but just for the one that was built incorrectly.
- The other types of defects listed above, such as design, formulation, and warning, can occur in the development state of the product, before the product is actually manufactured. If a product is designed in such a way that it is destined to fail and cause harm, then an individual, or group of individuals, may have a product liability claim for defective design.
What Types Of Products Can Be Defective?
The products listed below have been found to be defective in many of the ways described above under Kentucky product liability law.
- Defective automobile equipment, such as tires, brakes, airbags, and seatbelts;
- Unsafe foods contaminated with bacteria and other harmful substances;
- Unsafe toys for children;
- Defective lawn equipment, such as mowers, leaf blowers, and electric saws; and
- Defective pharmaceutical products, such as medication, devices, and implants.
There are other types of defective products aside from those listed above, however, the defective products listed above are some of the more common that result in product liability actions. Because there are a variety of factors at play and many different ways in which a product can be defective, product liability law can be very confusing. It may take Bruce Law Group, LLC a little more time to investigate a product liability claim than a general personal injury claim or automobile accident claim. Therefore, it is extremely important to seek the advice of our attorneys as soon as possible if you believe you or a loved one has been harmed by a defective product. Further, as with personal injury claims, the statute of limitations for filing a product liability claim is one year. There may be ways to extend this deadline for filing a claim, but it is best to assume that one year from the date of the injury caused by the product is the amount of time you have.
Bruce Law Group, LLC will evaluate the individual facts of your case to determine the best way to proceed. If it turns out you may have more time to file your claim under another provision of Kentucky law, then our attorneys will communicate this to you and explain everything so you fully understand how your case will proceed. Also, depending on what type of product has caused you or a loved one harm, your case may be very similar to many other claims our firm handles. For example, if both you and a number of our other clients were harmed by the same product in the same way, the strategy for pursuing your case may be to group the claims together in what is called a mass tort action. However, such a determination will only be made after our attorneys investigate all possible ways for having your claim resolved.
Who Is Sued In A Defective Products Case?
If our attorneys at Bruce Law Group, LLC pursue a product liability claim on your behalf, the lawsuit may be against multiple defendants, depending on what party or parties are responsible for the defect. For example, if you suffered injuries as a result of a car accident allegedly caused by defective brakes, the parties responsible for such defect may include the company that designed the brakes, the company that manufactured the brakes (if different), and the company that distributed the brakes. Sometimes it is unclear at first what party may be responsible. It may turn out that multiple parties are responsible and liability may be distributed among all of the responsible parties. Regardless of what party or parties are responsible, the attorneys of Bruce Law Group, LLC will help you receive the compensation you deserve for injuries you suffered as a result of a defective product.
Serious Legal Representation For Serious Injuries – Call For Your Free Consultation
Why Hire Bruce Law Group, LLC For Your Case?
Our Kentucky personal injury lawyers provide serious legal representation for serious personal injuries. We ensure each and every client receives superior customer service. We take cases on a contingency fee basis, so you do not have to pay legal fees until after your have been compensated. We offer a free, no obligation initial consultation. If you or a loved one has been injured, please contact Bruce Law Group, LLC at (502) 498-8887 for your free, comprehensive consultation.