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Product
Defect Litigation
At Gary
C. Johnson, P.S.C., we are the personal injury law
firm that provides the personal service and the
results that you deserve. For more than 30 years, we
have been serving clients throughout Kentucky, West
Virginia and many other states, who have suffered
injuries as the result of another's negligence.
Our
personal injury attorneys provide tough and
aggressive representation aimed at moving your case
forward and obtaining full compensation for your
injuries. We represent individuals who have been
injured as a result of an unsafe product and assist
our injured clients in bringing their claims and
being fairly compensated for their injuries. Please
contact us if you or a family member has been
injured by an unsafe product such as:
- Alcoholic
beverages
- Children's
toys
- Firearms
- Food
and agricultural products
- Machinery
and tools
- Medical
products and devices
- Motor
vehicles
- Auto
crash worthiness
- Air
bags
- SUV
rollovers
- Pharmaceutical
products
- Recreational
products
We
will vigorously pursue the maximum allowable
compensation for your loss under the law against the
suppliers of all types of defective products. Feel
free to contact us to
discuss your potential claim.
In
the course of our daily lives, we use a number of
products. When used as directed, we rightly assume
that the products we use are safe and reliable.
Unfortunately, thousands of people are injured or
die each year throughout the United States and in
Kentucky because of dangerous and defective products
- from automobiles to insulation to medical devices
to pharmaceutical drugs and supplements. The
Consumer Product Safety Commission reports over
22,000 deaths and 29 million injuries related to
consumer products each year. Annually, defective
consumer products cause more than $500 billion in
deaths, injuries and property. We frequently hear of
product recalls because of safety and design issues
in motorcycles, ATVs, snowmobiles, children's toys
and pajamas - even the food we eat.
You
may feel helpless or hopeless if you are one of the
innocent people who has been injured, suffered
property damage or tragically lost someone because
of a hazardous product. However, you do have some
control. Victims injured by faulty products have the
right to seek compensation, including economic
damages (lost wages or medical expenses),
non-economic damages (pain and suffering) and
punitive damages (to punish reckless behavior). In
addition to the monetary considerations of a
favorable verdict, if you win your case you may find
solace in the fact that those responsible for your
situation will be brought to justice. Moreover, you
will contribute to the public safety by making
manufacturers accountable for safer and more
dependable products.
The
Path to Justice
When
you file a product defect claim, you are suing the
makers or sellers of injurious products. Anyone in
the supply chain can be held responsible for
damages, including the manufacturer, wholesaler and
retailer. When their product was brought to market,
the manufacturers and distributors became legally
obligated to provide a well-designed product that is
reasonably safe when used as intended. "Strict
liability" claims are the most common types of
product defect suits and are designed to enable a
person injured by a defective or unpredictably
dangerous product to recover compensation without
proving that the manufacturer or seller was actually
negligent. To win a strict liability case, your
attorney must demonstrate the following:
- The
product had an "unreasonably
dangerous" defect that caused your injury,
and that the defect occurred in the product's
design, during its manufacture, or during
shipping or handling.
- The
defect caused your injury even though you were
using the product in the way the manufacturer
said that it was intended to be used.
- The
product that caused damage had not changed
"substantially" from its original
sales condition.
Other
forms of product defect claims are negligence
(carelessness, recklessness or malice) or breach of
warranty of fitness (damage directly resulting from
inadequate product warning). Each of these types of
suits has its advantages and disadvantages, and your
attorney will recognize and recommend the avenue
that offers the greatest chance of recompense. In
some cases, your lawyer may opt to use a combination
of the three.
While
product defect provisions vary greatly from state to
state, every jurisdiction requires proof that the
product was defective. Your attorney will present
one or more of the three types of defects that
demonstrate liability:
- Design
defects - these are inbuilt defects that make
the product flawed prior to its manufacture.
- Manufacturing
defects - these are problems that happen as the
product is being built or produced.
- Defect
in Warning - the manufacturer has failed to
adequately instruct or warn consumers of the
potential dangers in the product.
Timing
is Everything
If
you believe that you may have a product defect
claim, it is important to seek the counsel of an
attorney experienced in recovering damages. Time is
of the essence because product defect suits are
subject to a Statute of Limitations which specifies
that a claim must be filed within a restricted
timeframe. A successful verdict will help improve
your quality of life as well as compel suppliers and
manufacturers to improve the quality of their
materials, increase product safety features, and
provide thorough cautions regarding a product's
potential dangers.
Remember,
the law firm you choose does make a difference. The
law firm of Gary C. Johnson, P.S.C., works for
injured people and their families. We offer a free
initial consultation to discuss your case, and we
will always give you our honest opinion about your
case in light of the facts, case law, and our
experience with similar product defect cases. Call
us today at (800) 337-4002, or use our online contact
form.
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