In our previous post, we began looking at some important points of Kentucky product liability law. As we noted last time, there are certain limitations in liability for manufacturers under Kentucky law and consumers need to be aware that they may be limited in their ability to sue a manufacturer in Kentucky if they are injured by a product as a result of an unauthorized modification or alteration, or by their own negligent or careless use of the product.
In addition to these limitations in liability for defendants, there are two important presumptions in product liability cases under Kentucky law. First of all, it is presumed that a product is not defective if the consumer was injured or died over five years after the date the product was sold to the first consumer or more than eight years after the date the product was manufactured. The age of the product can, therefore, make a difference in how a plaintiff goes about proving its defectiveness.
Another important presumption is that a product is not considered defective if its design, means of manufacture and testing were in accord with the “generally recognized and prevailing standards or the state of the art in existence at the time the design was prepared, and the product was manufactured.” Industry standards, therefore, also make a difference in proving that a product was defective. Both of the above presumptions can be rebutted by a preponderance of the evidence.
In our next post, we’ll consider this topic further, and why it is important for those who have been involved in a motor vehicle accident involving a defective vehicle to work with an experienced products liability attorney in Kentucky.