It’s common in our society to simply put blind trust in the things we buy. Few of us even pause to consider whether the products are safe — we just expect that they are.
There is a prevailing assumption that the maker or seller of a product has taken precautions to safeguard users from any potential harm. In fact, companies that make and sell products do have a legal obligation to provide safe and effective products. Nevertheless, thousands of Americans every year are seriously injured or killed by defective products.
Legal Damages & Compensation
If you believe that a defective product injured you or someone you love, you may be entitled to compensation for your losses through insurance or a lawsuit. However, while individuals who become ill or are injured by a consumer product may be entitled to financial compensation, the calculation of these damages is a major point of disagreement in any lawsuit. In addition, product manufacturers and their insurers have high-powered lawyers on their side who will attempt to get you to settle for the lowest amount possible or deny claims altogether, so it’s important to have a skilled negotiator working for you to fight for your rights and a fair settlement.
At the Johnson Law Firm, we have successfully represented people from across Kentucky who have been seriously hurt or even killed by defective products. For decades, Attorney Billy Johnson, has been helping injury victims and their families put their lives back together, and he is ready to help you.
We offer a free consultation to discuss your case and determine the best way to move forward, so call us today.
Why Choose Our Product Liability Attorney
Choosing an attorney is an important decision, and it is important to find one you feel comfortable with and who also has the skills and resources to fight for the settlement you deserve. Here are some reasons why we feel the Johnson Law Firm is your best choice:
- We are experienced. Attorney Billy Johnson [ Attorney Bio ] is highly skilled and compassionate when representing clients who have been injured. He is aggressive when going after the negligent parties, and at the same time he is caring toward the families he serves.
- We get results, including a $6 million pre-trial settlement in a product liability case for a seven-year-old who suffered severe brain injury when a two-piece rim separated and struck the child’s head. Billy Johnson filed a suit against the manufacturer of the rim, which resulted in the pre-trial settlement.
- We have helped many satisfied clients, and you can read their testimonials to prove it.
- We are certified and respected for the work we do. Billy Johnson has been recognized by the following organizations:
- Super Lawyer
- Multi-Million Dollar Advocates Forum
- Million Dollar Advocates Forum
- National Trial Lawyers, Top 100 Trial Lawyers
- Instrument Rated Pilot
- We offer free consultations to get you started, and there are no fees to you unless and until we win your case.
How Our Kentucky Defective Products Lawyer Works for You
When you are injured by a defective product, it is important to get legal assistance quickly, while evidence is fresh and witnesses can be found. When you have the Johnson Law Firm on your side, our legal team begins working for you immediately. We will:
- Meet with you to discuss how your injuries happened, determine how the product was defective, who the negligent parties may be, and what your case may be worth
- Ensure you receive proper medical care and that all injuries are documented
- File all paperwork for your claim according to Kentucky law and requirements
- Investigate the circumstances of your injury and gather any evidence such as photos and videos, interviews with witnesses, and police, ambulance and medical records
- Pursue expert testimony as to analyze defectives in the product and determine fault, and experts to testify as to the extent of your injuries and the costs and effects on your life into the future
- Negotiate with any insurance companies involved and attorneys from the other side for a fair settlement
- Build your case and take it to court if necessary.
When you retain the Johnson Law Firm, we take the burden off you by handling all investigations, negotiations, details, and legal requirements needed to win your case, so you can focus on your recovery.
Defective Product Lawsuit
A defective product lawsuit may be based on several theories of recovery. Most product liability cases in Kentucky involve the legal doctrine of strict liability. This law means that unlike plaintiffs in most personal injury lawsuits, a plaintiff filing a defective products lawsuit does not have to prove negligence — they must merely show that the product had a defect that led to an injury. In addition to demonstrating a defect in the product itself, a plaintiff may also recover if the product provided inadequate safety warnings, resulting in personal injury to the plaintiff.
Defective products are those that may have:
- Design defects – There is a problem with a product’s design that makes it unsafe, even if used correctly.
- Manufacturing defects – Even if the product is well-designed, the product could be damaged or altered during the manufacturing process, making it unsafe.
- Defects in marketing, warnings, or labeling — Manufacturers are required to provide all information needed to use a product safely, including instructions, warnings and dosages, and provide warning labels or statements if the product has an unexpected danger that is not obvious or if it must be used a certain way to be safe.
In some cases, you may still qualify for financial compensation even without the doctrine of strict liability if you can prove negligence. Proving negligence legally means showing that the following elements exist:
- The defendant had a duty of care for their product not to cause harm.
- This duty was breached because the product was defective and unreasonably dangerous.
- The product got to you without a substantial change in condition and was used correctly, but the defect caused you harm.
- You suffered damages as a result.
In product liability case, you may be able to bring a negligence claim against several possible defendants since many different parties play a role in the development, production and distribution of a product. A case against the manufacturer can be brought because the manufacturer has a duty to carefully design, produce and market its products. You may also be able to bring a negligence claim against a seller who knew or had reason to know that the product was defective or dangerous and sold it anyway.
The Pikeville defective product attorneys of the Johnson Law Firm thoroughly analyze each claim to determine all potential sources of liability, which may extend beyond the manufacturer to the designer, the seller, the wholesaler or even someone who modified the product.
We have brought to trial various defective product cases, such as those involving:
- Automobiles and their parts (e.g., airbags, tires, seat belts)
- Children’s toys
- Flammable clothing
- Lead-based products
- Medical devices.
Compensation Our Product Defect Attorney May Recover
In a successful product defect case, Billy Johnson will fight for a settlement that provides payment for all your damages, the expenses and losses you have suffered. Kentucky allows compensation for your . . .
Economic damages — calculable monetary losses, such as:
- Medical, hospital, and therapy expenses
- Lost wages and loss of potential future earnings
- Property damaged by the defective product.
Non-economic damages — for losses that do not have a specific dollar value but negatively impact your live, such as:
- Pain and suffering (physical, mental, and emotional)
- Loss of consortium, companionship, and enjoyment of life
- Wrongful death.
Punitive damages. In some rare cases involving a defendant’s gross negligence or malicious intent to harm, you may also receive punitive damages, intended to punish the at-fault party and deter similar actions in the future.
Call Our Defective Products Lawyer for Help
Defective products litigation is highly complex. Manufacturers have a number of defenses available to them, and they are often represented by aggressive attorneys because there can be big dollars and long-standing reputations at stake. If you have been injured by a defective product, you will need an experienced attorney to effectively represent your interests.
Do not delay in seeking legal advice. Kentucky has a statute of limitations, a strict deadline on your ability to file an injury claim. According to the law (KRs 413.140), with only rare exceptions, you must file within one year or the courts will refuse to hear your case.
Call the knowledgeable KY defective product lawyers at the Johnson Law Firm today at 606-437-4488 for a free, no-obligation consultation to get started.
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Table of Contents
PRODUCT LIABILITY ARTICLES
June 25, 2018
In 2018, the period of early June through the July 4 holiday has been designated National Fireworks Safety Month, The cause has also been taken up by organizations such as the Consumer Products Safety Commission (CP...
June 04, 2018
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