When a Kentucky doctor prescribes a medication to their patient, they make an educated decision to treat the patient's ailment with the selected pharmaceutical. In their best estimation, the doctor believes that the selected drug will remedy the patient's health problems. Some prescription medications carry with them known side effects, and, when making a drug selection, a doctor may elect to prescribe a drug with side effects if the benefits outweigh the potential for harm to the patient.
Often, when a Kentucky resident thinks about dangerous products, they may imagine items with design or manufacturing defects that can harm unsuspecting consumers. However, there is another way that manufacturers can fail in exercising their duties of care with regard to consumer safety. When the maker of a product fails to include with the item sufficient warnings and instructions to explain to consumers how the product may and may not be used, then that maker may be liable for products liability claims based on warning defects.
It is no surprise that the makers of consumer goods benefit when they are able to create innovative products that meet the needs and expectations of buyers. Lexington residents may enjoy trying out new products that offer claims of improving their lives and making it easier to do everyday tasks, such as make dinner and clean their homes. Many new products either succeed on appealing to buyers and thrive in the market or fail due to a lack of interest in them.
Thousands of American consumers are harmed by unsafe household products every year and incur significant costs as they must seek treatment for their injuries and take time away from their responsibilities to recuperate and heal. When a Lexington resident suffers harm due to their use of a consumer good, they should first make sure that their medical needs are met. Once they have attended to their incident-related ailments, they may wish to consult with an attorney to learn about their possible claims for the recovery of their damages.
In product liability litigation, there are different theories of liability plaintiffs can put forward, depending on the facts of the case. These theories include defective design, defective manufacture, and defective labeling, instructions or warnings. In any product liability case, it is necessary for a plaintiff to prove that the product in question was unreasonably dangerous. When the failure to provide warnings to consumers makes a product unreasonably dangerous, and that this caused the plaintiff’s injuries, the manufacturer may be held liable.
We’ve been looking in recent posts at the issue of tire defect in motor vehicle accidents, and the importance of working with experienced legal counsel to gather the evidence necessary to develop a strong legal theory. As we’ve noted, accidents involving tire failure can involve both tort claims against other negligence drivers, as well as product liability claims against manufacturers responsible for the tire failure.
Previously, we mentioned the importance of working with experienced legal counsel to sort out the potential causes of motor vehicle accidents when tire failure is involved as a factor. As we noted, tire failure can have multiple potential causes and can involve multiple potentially liable parties. Building a strong case requires developing a sound legal theory supported by strong evidence.
In our last post, we began looking at the issue of product recalls in the context of automobile recalls. As we noted, manufacturers have a duty under both federal and state law to address product defects after a product has gone to market. Kentucky law allow for the possibility that manufacturers can be liable not only for product defects themselves, but also for acting negligently with respect to product recalls involving defective products.
Product recalls are not at all an uncommon occurrence in the automobile industry. Though some recalls involve more serious issues than others, recalls occur fairly regularly. Whenever there is a problem that could cause harm to consumers, the ideal is that recalls are issued to address the problem before serious injuries to a consumer occurs.
In the last few years, there have been a flurry of vehicle recalls. From serious issues with brakes to ignition systems, there is a wide range of production and design flaws that can make your vehicle unsafe.