Products Liability

Consumer products can be flawed

This can result in a person being seriously injured or even killed. Thousands of people are injured each year due to flaws in consumer products.

4127
Product RecallsIssued by US Federal Agencies

Manufacturing Defects

Occur when the product does not conform to the designer or manufacturer’s specifications, which causes the product to be unreasonably dangerous. A manufacturing defect means that the product is not flawed in its design, but rather, there is a defect because of some malfunction or error that occurs during the creation or assembly of the product. The product is evaluated against the producer’s own standards, and compared to like products. Manufacturing defects will usually only be found in a small percentage of the manufactured goods.

Design Defects

Exist before the product is manufactured. Design defect cases arise where there is some flaw in the intended design of the product, which makes it unreasonably dangerous. Unlike manufacturing defects, this type of defect will ordinarily be found in all of the manufactured goods, and not just a small percentage. Courts will take in to account whether the product’s design was unreasonably dangerous before it was ever produced and whether the manufacturer or designer should have anticipated the potential danger that caused a person to be injured.

Marketing Defects

Includes failing to warn about the product’s hidden dangers. These defects can result due to insufficient instructions or inadequate labeling. Marketing defects can also arise where there has been a negligent or intentional misrepresentation concerning the product’s use or safety. When the product contains a hidden danger, manufacturers must mitigate the danger by providing adequate warnings to the user. Any party in the chain of distribution may be liable if warnings or instructions could have prevented injury from foreseeable risks or if the warnings themselves, when followed properly, caused the injury.

Breach of warranty claims

When the consumer relied on certain promises by the manufacturer or seller, but those promises were not met. There are two types of promises a consumer relies on when a good is sold: express warranties and implied warranties. Express warranties are statements, written or verbal, made by the manufacturer or seller about the products safety. An implied warranty is a promise by the manufacturer or seller that the product, if used as intended, will not cause any harm. A claim for breach of warranty usually covers any person who would reasonably be expected to use the product.

With the Kansas City product liability attorneys from the Krause and Kinsman Law Firm you have lawyers who are determined to obtain a proper reward on your behalf for any physical and mental damages suffered from using a defective product. Don’t suffer because the manufacturer or designer of a product wanted to save a few dollars. We can help.

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Have You Or A Loved One Been Injured By A Recalled Product? 816.200.2900
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