Every day, people rely on products with the assumption that they are reasonably safe when used as intended. Whether it is a household appliance, power tool, automobile component, industrial machine, children’s toy, chemical product, or piece of safety equipment, consumers have the right to expect that manufacturers have exercised reasonable care in designing, testing, and warning about potential dangers.
When products cause harm, the consequences can be severe. A defective product can cause catastrophic injuries, permanent disability, significant financial hardship, or even death. Product liability law exists to provide a legal remedy when a defective or unreasonably dangerous product causes injury. CPY Law can help after a defective product causes you harm.
Our role is to investigate how the product failed, determine whether a defect may have contributed to the injury, and pursue accountability when the facts and applicable law support a claim. For a free consultation with our product liability lawyers, contact our Kansas City, MO law firm today.
What Does Product Liability Mean?
Product liability is an area of law involving injuries caused by products that are alleged to be defective or unreasonably dangerous. These cases arise in virtually every industry and involve products ranging from everyday consumer goods to highly specialized industrial equipment.
Unlike many negligence cases, product liability often focuses on the safety of the product itself rather than simply the conduct of the person using it.
When Is a Product Considered Dangerous?
A product may be dangerous:
- Because of the way it was designed
- Because something went wrong during manufacturing
- Because consumers were not adequately warned about foreseeable risks
Our Kansas City product liability attorneys can review what happened and let you know if you have a valid claim over a dangerous or defective product.
Types of Products Commonly Involved in Product Liability Claims
Product liability litigation spans nearly every sector of the economy. Some of the more common categories include:
- Consumer Products: Products used every day in homes and workplaces, including appliances, furniture, tools, electronics, batteries, recreational equipment, and household goods.
- Automotive Components: Tires, airbags, seat belts, brakes, steering systems, fuel systems, vehicle roofs, child safety seats, and other automotive products that may contribute to collisions or increase the severity of injuries.
- Industrial Equipment: Construction equipment, manufacturing machinery, agricultural equipment, forklifts, presses, conveyors, and heavy industrial systems.
- Children’s Products: Car seats, toys, cribs, playground equipment, infant sleepers, strollers, high chairs, and products designed specifically for children.
- Chemicals and Toxic Products: Industrial chemicals, pesticides, herbicides, solvents, asbestos-containing products, firefighting foam, cleaning products, and other substances alleged to cause illness or injury.
- Consumer Electronics: Lithium-ion batteries, charging systems, electrical devices, e-bikes, scooters, power banks, and products alleged to create fire, explosion, or electrical hazards.
- Medical Devices: Various devices implanted in the body or used externally, including artificial joints, hernia mesh, transvaginal mesh, insulin pumps, pacemakers, spinal implants, breast implants, and catheters.
- Medicines and Pharmaceuticals: Both over-the-counter medications and prescription drugs, such as Ozempic (GLP-1s), Zantac, valsartan, Depo-Provera, and various dietary supplements.
If you were harmed while using any kind of consumer good, speak with our Kansas City defective product lawyers about what happened. You may have a valid legal claim and be eligible for compensation for your medical bills and other losses.
The Three Most Common Types of Product Defects
Although every case is unique, most product liability claims fall into one of three broad categories: design defects, manufacturing defects, and failure to warn.
Design Defects
A design defect exists when the product itself is alleged to be unreasonably dangerous because of the way it was conceived or engineered. In these cases, every product manufactured according to that design may contain the same underlying problem.
Key legal questions in design defect cases often include:
- Could the hazard have been eliminated through a safer design?
- Was a reasonable alternative design available?
- Did the product present unnecessary risks during foreseeable use?
- Did the design comply with applicable safety standards?
These cases frequently require engineers, human factors specialists, accident reconstruction experts, and product designers.
Manufacturing Defects
A manufacturing defect occurs when something goes wrong during production. Unlike design defect cases, these claims typically involve products that differ from the manufacturer’s intended specifications.
Examples of manufacturing defects may include:
- Improper assembly
- Weak welds
- Material contamination
- Missing safety components
- Defective electrical wiring
- Poor quality control
- Assembly line errors
Sometimes only a single product, or a limited production run, is affected by these issues with manufacturing.
Failure to Warn
Some products cannot be made completely risk-free. The law generally recognizes that certain products carry inherent risks (e.g., power tools can cut, chemicals can burn, heavy equipment can crush, prescription medications have side effects).
Manufacturers, however, are expected to provide adequate warnings and instructions regarding reasonably foreseeable dangers.
Failure-to-warn cases may involve allegations that warnings were incomplete, unclear, difficult to understand, or failed to adequately communicate the seriousness of known risks.
How Recalls Can Affect Product Liability Claims
Many people assume that a product recall automatically means the manufacturer has admitted fault. Others believe that the absence of a recall means no legal claim exists.
Neither assumption is necessarily correct.
Recalls occur for many different reasons and may be initiated voluntarily by the manufacturer or required by a government agency. Likewise, some dangerous products are never formally recalled.
A recall may be relevant evidence, but it is usually only one factor considered during a product liability investigation. During a product liability lawsuit, our Kansas City lawyers will consider the defective product recall in conjunction with other evidence as we build your case.
Preserve Evidence After Being Injured by a Defective Product
One of the most important things an injured person can do after a product-related injury is preserve the product itself whenever possible. In many cases, the product becomes the single most important piece of evidence.
If feasible, individuals should avoid repairing, modifying, or disposing of the dangerous or defective product before speaking with our Kansas City product liability attorneys.
Other Important Evidence to Maintain After Product-Related Injuries
Early preservation of evidence can significantly affect the ability to investigate a potential claim. Depending on the circumstances, other important evidence may include:
- Photographs of the product and accident scene
- Purchase receipts
- Instruction manuals
- Packaging
- Serial numbers
- Maintenance records
- Warranty information
- Witness statements
Investigating a Product Liability Case
Product liability litigation often involves a multidisciplinary investigation. Depending on the case, our Kansas City product liability lawyer may work with:
- Mechanical engineers
- Electrical engineers
- Fire investigators
- Materials scientists
- Human factors experts
- Accident reconstruction specialists
- Metallurgists
- Chemists
- Medical experts
- Economists
The goal isn’t just to determine what happened. At CPY Law, we want to know why the product-related injury happened and whether the injury could have been prevented through safer design, better manufacturing, or clearer warning labels.
Common Injuries in Product Liability Cases
The type of injury often depends on the product involved, how it failed, and the circumstances surrounding the incident. Dangerous products can cause a wide range of injuries, including:
- Burns
- Electrocution
- Amputations
- Crush injuries
- Eye injuries
- Spinal cord injuries
- Traumatic brain injuries
- Broken bones
- Organ damage
- Toxic exposure
- Respiratory illness
- Cancer
- Wrongful death
Our defective product attorneys in Kansas City will carefully consider the long-term effects of your injuries and ensure these are included in your compensation.
Compensation in a Defective Product Claim
Clients in product liability cases can seek compensation for losses caused by their injuries. This includes economic damages (measurable financial losses) and non-economic damages (intangible and subjective losses).
- Medical Expenses and Future Care: This includes the cost of hospitalization, emergency treatment, and any stabilizing care. This also covers ongoing medical expenses in the future, such as physical rehabilitation, follow-up visits with specialists, and occupational therapy.
- Lost Wages and Future Earnings: This includes time taken off from work while recovering from your injuries or treatment of your injuries. This also includes loss of earning capacity due to long-term or permanent disabilities caused by a defective product.
- Pain and Suffering: This includes any mental anguish, emotional distress, and chronic pain from lingering conditions associated with a product-related injury.
- Lower Quality of Life: This includes loss of enjoyment in your favorite hobbies, a reduced sense of well-being, and any strain on your relationships after a product-related illness or injury.
Calculating compensation for a defective product injury can be complicated. At CPY Law, our Kansas City product liability attorneys will help you understand how much your claim is actually worth.
How Long Do I Have to File a Product Liability Lawsuit in Missouri?
The statute of limitations for defective product claims in Missouri is typically five years from the date of injury or illness (RSMo § 516.120).
If the use of a dangerous product resulted in the death of a loved one, you have three years from the loss of your loved one to file a wrongful death claim (RSMo § 537.100).
It’s best to speak with a Kansas City product liability lawyer as soon as possible. Your defective product attorney can let you know if you have a valid claim and what steps to take next.
How CPY Law Helps Clients in Product Liability Claims
Product liability cases frequently involve complex technical issues that require careful investigation and expert analysis. At CPY Law, we begin by understanding what happened, preserving important evidence whenever possible, and evaluating whether a product defect may have contributed to the injury.
Our work may include reviewing engineering documents, consulting with qualified experts, coordinating product inspections, gathering medical records, and monitoring related litigation involving similar products.
We understand that many clients come to us after experiencing a sudden and unexpected injury caused by a product they trusted. Our goal is to provide straightforward advice, clear communication, and thoughtful legal representation throughout the process.
Contact Our Kansas City Product Liability Attorneys Near You
If you or a loved one has been injured by a dangerous or defective product, let CPY Law handle the fight. Your priority should be healing. We’re built for the fight and ready to take on large corporations. Consultations are free, and you pay nothing unless and until we win. To request a free case review with our product liability lawyers, contact our Kansas City law firm today.
Frequently Asked Questions About Product Liability Lawsuits in Kansas City
Below are some of the most common questions we’ve heard from clients during product liability lawsuits.
Can I have a claim even if the product was not recalled?
Yes. Many valid product liability claims involve products that were never recalled. Similarly, a recall does not guarantee you have a legal claim against the company responsible for the recalled product.
Our Kansas City lawyers can review the defective product recall, the nature of your injuries, and other factors during the consultation process. We will let you know whether you have a valid claim and what steps to take next.
Should I throw away the defective product after the accident?
Generally, no. Preserving the product may be extremely important. If it can be done safely, avoid altering or disposing of the defective or recalled item until you have spoken with our product liability attorneys in Kansas City.
Can more than one company be responsible for a dangerous or defective product?
Potentially, yes.
Depending on the circumstances, responsibility may involve the manufacturer, component supplier, distributor, retailer, or another party in the chain of distribution. Multiple parties can be held accountable for their role in a product’s safety if said product caused injury or illness.
What if I was using the product exactly as instructed but got injured?
That fact may be significant in product liability claims. Many product liability cases involve injuries that occurred during normal or reasonably foreseeable use.
While this detail is significant, it does not rule out the possibility of filing a legal claim. During a free, no-obligation consultation at CPY Law, we can review the facts of what happened, the nature of your injuries, and determine whether or not you have a case worth pursuing.
Do I need the original receipt of the product that harmed me?
Not always. Although purchase documentation can be helpful, there are often other ways to identify the item and establish ownership or use of a defective product. Our Kansas City lawyers can help seek additional evidence and documentation that can help in your legal claim.
