Whether you shop in brick-and-mortar stores, through online retailers, or by combining both, you have a legal right to expect that the products you purchase will be reasonably safe to use for their intended purpose. Most consumer products meet this standard without issue. However, manufacturers issue thousands of recall notices each year for products with dangerous defects, and in many situations, those notices come too late to prevent consumers from sustaining serious harm.

Filing a civil lawsuit over injuries caused by a defective product is significantly different from suing over injuries that occur under other circumstances, as any experienced personal injury attorney will tell you. Fortunately, you have help available from our Erlanger product liability lawyers with understanding and proactively enforcing your right to civil restitution after being hurt by an unreasonably dangerous product.

When Are Manufacturers Strictly Liable for Defective Product Injuries?

There are three primary types of product defects for which manufacturers selling products in Kentucky hold strict liability: flaws in a product’s fundamental design, errors made during its manufacture or assembly, and deficiencies in the product’s marketing or the instructions provided for safe use. In this context, strict liability means you do not need to prove that a manufacturer acted recklessly or carelessly in a specific way. Instead, you must show that the product was unsafe in one of these ways and that this defect directly resulted in your injury.

To pursue a claim under strict liability, you must also show that the product was in the same condition when it left the manufacturer’s control as it was when it caused you harm, and that you were using it in a reasonable manner at the time. An Erlanger defective products attorney can provide guidance with meeting these requirements and navigating the legal process when seeking to hold a major manufacturer accountable.

Seeking Compensation Within Filing Time Limits

Help from a knowledgeable legal representative can also be key to building a strong and legally sound product liability lawsuit within the filing deadlines prescribed by Kentucky law. With virtually no exceptions, Kentucky Revised Statutes §413.140(1) requires you to sue no later than one (1) year after first sustaining or discovering injury caused by a dangerously defective consumer product, or else you will likely forever lose the right to seek civil recovery for that particular injury.

Among other considerations, you may need to identify certain anticipated future losses, assign them a fair value, and pursue compensation for them before they actually occur. Our product liability lawyers in Erlanger could assist with evaluating and presenting claims for long-term loss of income, future medical expenses, physical pain, and psychological suffering.

Speak with an Erlanger Product Liability Attorney About a Possible Claim

Product liability law is complex to navigate, even for individuals with prior experience in the civil court system, and especially for those pursuing compensation for the first time. In situations like this, guidance from experienced legal counsel could be important not only to pursue the full value of your losses but also to secure any financial recovery at all.

Our team knows how to handle claims like yours efficiently and effectively, and we can provide the aggressive representation you may need to obtain the recovery you deserve. Contact us today to discuss legal options with an Erlanger product liability lawyer from our team.

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Busald Funk Zevely PSC
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