Wichita Product Liability Lawyer

Product liability refers to the legal responsibility that manufacturers, distributors, retailers, and other entities involved in the production and distribution of a product have for ensuring that the product is safe for consumers.

Basically, when we buy something, we have the right to expect it to work properly and safely, right?

However, when a product is defective or dangerous and causes harm to a consumer, the parties involved in bringing that product to market may be held liable for the injuries or damages suffered by the consumer.

That’s when a Wichita product liability lawyer, like ours at Prochaska, Howell & Prochaska LLC, becomes involved.

There are three types of product defects that can lead to product liability claims:

1. Design defects: These occur when there is a flaw in the product’s design, making it inherently unsafe. Even if the product is manufactured and used as intended, the design itself poses a risk.
2. Manufacturing defects: These defects happen during the manufacturing process, leading to a product that deviates from its intended design and becomes dangerous. In these cases, the rest of the products in the line may be safe, but one particular item is faulty.
3. Marketing defects (failure to warn): This type of defect occurs when a product lacks proper warnings or instructions about potential dangers associated with its use. Manufacturers have a duty to provide adequate warnings and instructions to ensure that consumers are aware of potential risks.

Understanding Product Liability Laws

Product liability laws vary by jurisdiction, but they generally allow individuals who have been harmed by a defective product to seek compensation for their injuries. The legal basis for product liability claims may include negligence, strict liability, or breach of warranty.

Consumers who have suffered harm* or loss due to a defective product may file a product liability lawsuit to recover damages such as medical expenses, lost wages, pain and suffering, and other related costs.

Additionally, product liability cases may involve class action lawsuits if the same product defect has harmed multiple individuals. Kansas law allows compensation for damages to the product in question, as well.

You should consult with a product liability lawyer if you believe they have a valid claim. These legal professionals can assess the specific circumstances of your case, determine liability, and guide you through the legal process to seek compensation for your injuries.

*Kansas Statute 60-3302: Definitions. (d) “Harm” includes: (1) Damage to property; (2) personal physical injuries, illness and death; (3) mental anguish or emotional harm attendant to such personal physical injuries, illness or death. The term “harm” does not include direct or consequential economic loss.

Why You Need an Attorney

Hiring a Wichita product liability lawyer can be crucial in situations where you believe you’ve suffered harm or injury due to a defective product.

Here are some areas of expertise that make a product liability attorney valuable to your case:

• Knowledge of product liability laws: Product liability laws can be complex and vary across jurisdictions. A specialized lawyer has a deep understanding of these laws and can navigate the legal complexities on your behalf.
• Investigation and evidence gathering: Your lawyer can conduct a thorough investigation into the circumstances surrounding the injury. This may involve collecting evidence, consulting experts, and building a strong case to support your claims.
• Determining liability: Identifying the party responsible for the defect is crucial. Whether it’s the manufacturer, distributor, or retailer, a lawyer can help determine liability and hold the responsible party accountable.
• Negotiation with insurance companies: If you’re dealing with insurance companies, having a lawyer can be beneficial during negotiations. They can advocate for your rights and ensure you receive fair compensation for your injuries and damages.
• Navigating the legal process: Legal proceedings can be overwhelming for those without legal expertise. A product liability lawyer can guide you through the legal process, file necessary documents within time limits, and represent you in court if a lawsuit is filed.
• Maximizing compensation: Experienced lawyers know how to assess the damages you’ve suffered and can work to maximize the compensation you receive. This may include medical expenses, lost wages, pain and suffering, and other related costs.
• Class action lawsuits: In cases where multiple individuals have suffered harm from the same defective product, your attorney can help you join or initiate a class action lawsuit, which can be a more effective way to address widespread issues.
• Advising on legal options: An injury attorney can assess your case and advise you on the best legal options available to you. This may include filing a lawsuit, negotiating a settlement, or pursuing alternative dispute resolution methods.

If you, or someone you care about, has been injured by a product and you suspect negligence, consulting with a Wichita product liability lawyer for advice tailored to your specific situation is crucial. This information is general and may not cover all aspects of your case.

Remember, the legal landscape may be challenging, but with the right attorney by your side, your business can confidently navigate the complicated paths of product liability in Kansas.

Contact us at Prochaska, Howell & Prochaska LLC today, and let’s get you the justice you deserve!