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Our Recent Product Liability Results
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Settlement for clients in litigation arising out of an anti-diabetic medication
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Settlement for clients in litigation arising out of two anti-inflammatory medications
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Settlements for clients in litigation arising out of an orthopedic medical device product
Settlements for clients in cases arising out of laparoscopic tissue extraction surgical tool
Settlements in cases arising out of an assistive hearing medical device
Settlement for after-market vehicle product liability
Settlements for clients in litigation arising out of anti-diabetic medication
Defective Product Liability
When someone is injured or killed due to poorly designed or manufactured merchandise, the one responsible for the defect should be held accountable. Those that are at fault can be held responsible during a product liability lawsuit, and the individual that has been injured may receive compensation. The monetary damages that might be recovered are:
- Medical Expenses – These are the expenses you incur for the immediate treatment as well as any future treatment needed related to these injuries or ongoing therapy.
- Loss of Income – This would be income that you could not earn due to recovery from injuries as well as lifetime lost income if you are now permanently disabled due to the injuries that you sustained.
- Pain and Suffering – Some laws allow a jury to put a value on any emotional distress as well as trauma that you experienced due to your injuries.
- Disability and Disfigurement – If you were to lose the ability to do certain things due to your injuries, or if you now have scaring or other impacts to your appearance, you can receive compensation for that.
- Loss of Normal Life – If you are no longer able to work on your hobbies or do household tasks due to your injuries, you can be compensated for the disruption to your life
- Punitive Damages – Sometimes, a jury will award punitive damages if the dangerous defect came as the result of reckless or intentional behavior by the designer or manufacturer.
who is responsible?
It is often hard to pinpoint who is liable for your injuries as many people are involved with designing and creating the marketed goods. A defect could happen during any of the processes of production and come in different forms. You could be compensated for:
- Design Defects – If a designed product is dangerous when used like it was intended to or is likely to malfunction dangerously, you might have a product liability claim. An example would be a product that was not designed up to safety specifications.
- Manufacturing Defects – If a product was not correctly assembled so that it becomes dangerous or likely to fail, you might have a product liability claim. Using substandard or broken materials would be an example of a manufacturing defect.
- Failure to Warn – If a product could be potentially dangerous, it should have warnings and instructions on how to safely and properly use it. If the product does not include these warnings and instructions and someone is injured, you may have cause for a product liability claim.
Typical product liability lawsuits
To be successful in a product liability claim, you need to prove that your injuries were caused due to the defect. If you were hurt during a car accident because your accelerator was defective, you would need to verify that the accident was caused due to the faulty accelerator and not something else like forgetting to signal. A lot of the typical product liability lawsuits that involve defects are:
- Medical Devices
- Prescription Drugs
- Household Products
- Children’s Toys, Playpens, and Car Seats
- Industrial Equipment and Machinery
- Swimming Pools
Our Kansas City Product Liability Lawyers Can Answer Your Questions
Lawsuits that involve product liability can become very complicated. When proving defects, it can involve a lot of very specialized and technical information. That generally means that you need expert witnesses who can go over blueprints and schematics and explain why something is defective and the proper way that it should have been made to ensure it was safe.
A Kansas City product liability attorney with extensive experience working product liability cases will be valuable support if you decide to pursue a claim. When you focus your energy on your recovery and family, a personal injury attorney from Preuss | Foster Law can take care of the details regarding your claim from investigating your injury, gathering the needed evidence, negotiating a fair settlement, or arguing for a jury award. (816) 307-2788