Product Liability

Kansas City Product Liability Attorney

One of the areas of law aimed at reinforcing consumer protection is product liability. As a consumer, a person naturally trusts that the product he or she spends money on is free from any fault and safe. This being the case, if he or she suffers injuries from the usage of an item that turns out to be defective, the concerned manufacturer, supplier, and retailer may be made answerable under the law. 

Kansas Laws on Product Liability

The Kansas Statutes provide a comprehensive definition of a ‘product liability claim.’ In particular, Kansas Statutes Chapter 60, Procedure, Civil § 60-3302 provides:

  • Product liability claim includes any claim or action brought for harm caused by the manufacture, production, making, construction, fabrication, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, storage, or labeling relevant product. 
  • It includes, but is not limited to, any action based on, strict liability in tort, negligence, breach of an express or implied warranty, breach of, or failure to, discharge a duty to warn or instruct, whether negligent or innocent, misrepresentation, concealment or nondisclosure, whether negligent or innocent or under any other substantive legal theory.

The same provision explains the concept of ‘harm,’ which shall be the primary basis of and cause for a product liability claim. As defined, ‘harm’ includes:

  • Damage to property
  • Personal physical injuries, illness, and death
  • Mental anguish or emotional harm attendant to such personal physical injuries, illness, or death

Types of Product Liability Claims

Given these legal definitions, it is clear that harm arising from defective products may arise from many forms. That said, the law also categorizes product liability causes into different types. These types help determine who exactly should be made to answer for the claims of an injured consumer. The types of product liability claims are those arising from:

  • Defects in Design and Manufacturing: These refer to faults while planning the product’s design and subsequent production and assembly. Those in charge of conceptualizing and manufacturing a product should always take into consideration the safety and security of the user and, as much as possible, anticipate all kinds of risks that may come with usage.  When an injury results from non-compliance with these responsibilities, a product liability claim may ensue.
  • Defects in Labeling and Marketing: Products must be properly and accurately labeled, including clear instructions concerning usage, relevant warnings, among others. These labels are necessary to guide the user and make him or her aware of certain hazards that come with consuming or operating the product. Therefore, a product liability claim may proceed if a product has inaccurate, incomplete, or misleading labels.
  • Improper Packaging and Storage: This type is often attributable to the retailer. When items are shipped and transported to different retailers, these sellers are responsible for storing the products safely while waiting to be sold, with due regard to heat, moisture, and other environmental factors that may affect the usability of the thing. They must also ensure that packaging is done properly before it is handed to the purchaser. When retailers are remiss in these duties, they may also be made to answer for a product liability claim.

Product Liability Attorney in Kansas City

The discussion above is a helpful guide for people involved in a potential product liability claim.  However, it is important to engage the services of a good product liability lawyer to handle the case proficiently.

If you are in Kansas City or any of its surrounding areas and get involved in a potential product liability case, let Pospisil Swift help you navigate the process.  With years of experience in personal injury claims and cases, Pospisil Swift is your best option in Kansas City and nearby areas to assist you and further your case.

Contact us by giving us a call or clicking the link below. Another option is to fill out the form below this page to be apprised of your situation.

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