What Is Product Liability?

"Product Liability" involves the liability of a seller of any product which, because of a defect, causes personal injury to its purchaser, user, or, occasionally, bystanders. In product liability cases, the defendant /seller can be the manufacturer, distributor, retail store, or trade association. A person who has been injured as the result of a defective product has the right to be compensated for his/her injuries. In order to help prove your case, our law firm works with the leading industry experts, accident reconstructionists and engineers.

Our law firm will never charge our clients any fees or expenses unless we win your case. If you suspect that you or a loved one has suffered severe injuries as a result of a defective product, the attorneys of The Law Offices of Marc S. Schiller. P.A. would like to meet with you and discuss the investigation of your claim.

Three Different Types Of Products Liability Cases

In most cases, our law firm must conduct an extensive factual investigation in order to determine if our client was injured as the result of a defective product. Under Kentucky law, there are three different defective product theories that form the basis of a successful product liability case:

• Manufacturing Defects
• Design Defects
• Duty to Warn
• Manufacturing Defects

A manufacturing defect occurs where the particular product that causes your injury is different from other items manufactured by the defendant, because something went wrong during the manufacturing process. An injured person must prove that the particular product causing an injury, does not match the product's intended design or specifications. Manufacturing defects result from some mishap in the manufacturing process itself, improper workmanship, or because defective materials were used in construction of the product. Product liability cases are challenging, because an attorney must prove the product was defective and that you were injured as a result of this defect.

An example would be if a person were injured because the brakes in such person's new car did not work. It is probable that the brakes worked in 10,000 other cars of the same design. However this particular vehicle could have had brakes that were either not properly installed in the factory or damaged while the car was in transit to the dealership. In addition, your attorney must show that the accident could have been avoided if the brakes were working properly.

Design Defects

A design defect occurs where all of the similar products manufactured by the defendant are the same, and they all have a feature whose design is itself defective and unreasonably dangerous. A majority of cases claiming design defects involve injuries caused as a result of structural defects, lack of safety features, and a lack of suitability for usual purposes. In a design defect case, a lawyer must use expert testimony to prove that there is a feasible alternative design, which would have avoided the particular injuries.

The most common type of design defect case involves the assertion that the manufacturer should have included a particular type of safety device. We have handled many cases in which our clients were injured while operating a machine that did not have the proper safety devices. In our product liability cases we work with engineers accident reconstructionists and experts, in order to prove your case. The state of Kentucky is the home for many commercial cruise ships. In addition, there are more than 100,000 private boat owners throughout Kentucky. Any injury that occurs on or with a boat is considered a boating accident. A boating accident can occur on someone's privately owned boat, a cruise ship, a personal watercraft (jet ski), or a ferry. It is a general rule of law that the operator of a boat and its owner have a duty to exercise the highest degree of care in order to prevent injuries to others. The most common boating accidents are collisions with other boats, slip and falls on the boat, sinking, and boat disappearance. Boating injuries usually occur because of a reckless or careless operator, boat malfunction, or an inexperienced operator. Marc Schiller has handled numerous lawsuits against the owners and operators of private boats, personal watercrafts and cruise ships.

Duty to Warn

The duty to warn is basically an extra obligation placed on a manufacturer. Duty to warn cases frequently arise in the areas of prescription drugs, cigarettes, dietary supplement, and food products which are sold without the proper warnings. A manufacturer who fails to warn of a danger can be liable even if their product is properly designed and manufactured. In addition, a warning will rarely shield a manufacturer from liability for a manufacturing or design defect.

An example would be a prescription drug sold to a person, in which the manufacturer knew or should have known about a particular risk, but failed to provide the proper warnings. If you have suffered abnormal side effects as the result of a medication you have taken, it is possible that the drug manufacturer, pharmacist, or your doctor may be liable for failing to warn of the potential side effects. Even if a warning complies with the United States Food and Drug Administration, a jury may determine that the warning is inadequate and the defendant should be found liable.