About Product Liability / Defective Product Cases

A product liability lawsuit is filed when there are allegations of defaults in the design manufacturer or the distribution of a product. These instances can include cars that have defective parts, toys have pieces that young children can swallow, and wood that is treated with some sort of harmful or toxic chemicals.

One of the most famous product liability and defect products lawsuit occurred when a woman spilled hot coffee on lap and sued the McDonald's where she bought the coffee. A jury awarded her $2.86 million in 1994 but that amount was reduced to $640,000 by the judge. The case was eventually settled out of court.

The case prompted McDonald's to place warnings at its drive-thru windows and in its restaurants stating that their coffee is very hot. These warnings are a way of protecting the company for further lawsuits. If consumers are warned about the dangers of a product, they may not have a product liability claim. For example, the warning label on a container of bleach says "do not drink." If you drink the bleach anyway, you can’t sue the bleach maker for product liability.

Product liability claims can be filed on three premises:

• Negligence. The plaintiff must show that the manufacturer or designer did not show “reasonable care” in making the product in question.
• Strict liability. The plaintiff does not have to show that the defendant was negligent. All that has to be alleged is that the product is dangerous and that the product caused the injury.
• Breach of warranty. Did manufacturer or retailer promise that the product was not defective? This constitutes breach of warranty.

Product liability claims are filed in state courts. The laws on product liability lawsuits are different in every state. You must file within a certain amount of time from the date of the incident. Ask personal injury lawyers about the rules in your state.

For more information on this and various other legal matters, it is best to speak with skilled car accident and auto accident lawyers, semi-truck accident lawyers, motorcycle accident lawyers, wrongful death lawyers, medical malpractice attorneys, and other legal specialists. Our Kansas City personal injury attorneys are here to help.