Pursuing Justice

Liability, Damages, and Next Steps

Every product that comes to market undergoes an extensive design and testing process. It doesn’t matter if that product is a new flavor of jelly from the J.W. Smucker Company over in Lexington or a steel part made right here in Ashland for the Ford assembly line; every product is put through its paces.

Unfortunately, even with all the testing and approvals, a defective product can still make its way into a consumer’s hands. When a defective product causes harm, it can become an issue for a product liability claim.

Kentucky law states the following: “a product liability action shall include any action brought for or on account of personal injury, death or property damage caused by or resulting from the manufacture, construction, design, formulation, development of standards, preparation, processing, assembly, testing, listing, certifying, warning, instructing, marketing, advertising, packaging or labeling of any product.”

That is the kind of legalese that needs to be unpacked by a skilled Ashland product liability lawyer, like the ones you’ll find at Peterson Law Office. We have years of experience helping clients with these challenging cases. It is vital to understand the scope of product liability to determine whether you have a case. Just because a product breaks, it doesn’t automatically mean it is defective.

There could also be issues with how you used the product. For instance, did you follow the directions or ignore the safety rules? All of these issues can be discussed at your first free case evaluation.

What Are Some Common Types of Product Liability Claims?

Does your problem with a product rise to the level of a defective liability claim? The first step towards answering that question is to determine the exact type of product liability that you’re dealing with. What of the following product liability claims would apply to your case:

Food

The food we buy at the grocery store comes with an expiration date.

However, there’s no guarantee that the food is safe. WDRB recently reported on a Salmonella outbreak in Louisville that prompted a recall. There was another recent issue in Hopkinsville involving a customer who became ill at a local Mexican restaurant, which led to a lawsuit.

Dangerous Drugs

Many of us depend on medication to help alleviate pain, recover from illness, and prevent us from getting sick. Unfortunately, there have been many instances where prescribed and over-the-counter drugs have done more harm than good.

Sometimes, the drug manufacturer did not adequately warn doctors about the possible adverse side effects of their drugs. There might also be a risk of dependency, which is a problem with the opioid crisis. The issue of opioid addiction is one that many Kentuckians are all too familiar with.

Medical Devices

Medical devices can be external, such as splints, casts, and braces. They can also be internal, such as stents, hip joints, and pacemakers. As with any other product, these devices are susceptible to defects that can cause further harm.

Auto Parts

A defective auto part can cause a driver to lose control of their vehicle. It can mean a truck’s brakes fail or a tire blows out, leading to catastrophic consequences. When an auto part is found defective, the manufacturer and, possibly, the mechanic who installed it can both be found liable for any damages.

Toys and Children’s Products

Parents place their trust in the manufacturers of car seats, cribs, toys, and furniture to keep their babies safe. These products can also be deadly when used improperly, and that is precisely why the manufacturer should be held accountable. A recall and subsequent lawsuit can prevent future harm.

Tools

Whether you use power tools as part of your job or for tinkering with projects in your garage, you expect those tools to perform as promised. That includes not overheating and triggering a fire.

Appliances and battery-operated devices would also fall into this category of potential liability.

No matter what type of product caused your injury or illness, you must seek support from an experienced Ashland product liability lawyer.

Frequently Asked Questions About Defective Products

Frequently Asked Questions

How a Defective Product Liability Lawyer Will Fight For You

When a product injures you, the first instinct would be to sue the company that made the product.

While that might be the best course of action, there are several steps to pursue before you can get there. The experienced attorneys at Peterson Law Office can provide the support and guidance you need to help you decide if you should move forward with your claim.

We might agree to work with you if we recognize that there is compelling evidence to support your claim. The only way to find that out is to schedule a free case evaluation. At that meeting, we’ll be able to answer your questions, discuss the merits of your case, and discuss the way forward. Call to set up your talk today.

Serving Central Kentucky

Lexington • Richmond • Winchester • Georgetown • Mt. Sterling • Somerset • London • Danville

We are here to help.

If you have any questions about a potential personal injury claim, call us or fill out the form below to schedule a free, confidential case consultation.

(859) 559-4160