defective medical devices

Kentucky Product Liability Attorneys

Respected Lexington and Louisville lawyers serving those injured by defective products

Products that consumers use as directed should never put them in harm’s way. But when a product malfunctions or is defective, it can cause devastating injuries. If this sounds similar to something that has happened to you or a loved one, you are not alone. Thousands of people across the country suffer injuries due to product malfunctions, and they have the right to bring the liable party to justice.

Filing a lawsuit for defective products can be intimidating, as you may be going up against a large corporation. When you have a seasoned Louisville product liability lawyer at Wilt & Associates, PLLC on your side, however, you can rest easier knowing our team of attorneys will do everything possible to make those responsible for your injuries pay for their negligence. Contact our attorneys in Lexington or Louisville today.

What is a product liability claim?

It can be difficult to determine at first glance whether you have a viable personal injury claim. Our Kentucky attorneys can take a closer look, but in the meantime, there are three main types of product liability cases:

  • Failure to provide adequate warning
  • Manufacturer mistake
  • Dangerous product design

Failure to provide adequate warning could be if a company didn’t warn you on the label of a toy that it contained small parts that could result in choking, for example. A manufacturer mistake could be anything from assembling the item wrong, using wrong parts, or another defect entirely. Dangerous product design is just that— the design of a product when used as intended causes serious injury.

Should I sue for my Kentucky defective product injury?

Now that you have a better idea of whether you might have grounds for a Louisville product liability claim, you may be wondering whether you should sue. The answer will largely depend on how the injuries you sustained have impacted your life.

If you have suffered considerable financial losses, are struggling to cope emotionally with the accident, or were otherwise seriously injured, it may be in your best interests to discuss your case with an experienced lawyer who can offer further advice regarding your options for financial recovery. The attorneys at Wilt & Associates are happy to sit down with you in a personal and free consultation.

What is a product recall?

Defective products are often, although not always, linked with product recalls. Consumer products are subject to recalls when manufacturers, government, or even everyday citizens discover defects or safety issues that could potentially cause injuries. Most product recalls are voluntary; however, in some cases regulatory bodies must step in to issue mandatory recalls when the manufacturer fails to or refuses to take the right action to keep consumers safe from harm.

Here in the US, a variety of organizations handle product recalls. In the majority of cases, the Consumer Product Safety Commission (CPSC) oversees recalls, maintaining a current and categorized database. For cars and truck recalls, you can visit the National Highway Traffic Safety Administration (NHTSA). Finally, the Food & Drug Administration (FDA) handles all food, cosmetic, and medication recalls.

After a product recall, as the consumer, you should be provided with next steps. Depending on the product in question, options can include things like:

  • Returning the product to the manufacturer for a refund
  • Returning the product to the manufacturer for a replacement
  • Having the product or part repaired
  • Having the product or part replaced
  • Receiving additional parts or instructions

Our Kentucky product liability attorneys advise however, if you were injured by a defective product, do not return it to the manufacturer, or attempt to repair it. Put it in a safe place where it will remain undisturbed, as it can serve as evidence in your personal injury claim.

What are some examples of Kentucky defective products?

The National Safety Council (NSC) is an organization that collects and analyzes information about safety topics in the United States. They note that, following a record low number of consumer product injuries in 2020, defective product injuries jumped back up seven percent in 2021 to a total of 11,738,091.

According to the NSC, the top three consumer product-related injuries come from:

  • Stairs, ramps, landings, and floors, with 2.7 million total injuries
  • Beds, pillows, and mattresses, with 824,000 total injuries
  • Chairs, sofas, and sofa beds, with 558,000 total injuries

Three of the other product groups causing frequent injury include soaps and detergents (11,698), television sets and stands (6,519), and cooking ranges and ovens (6,097).

defect-ramp

What kinds of injuries do dangerous products cause?

Dangerous and defective products can cause a consumer catastrophic injuries, physical illness, or harmful side effects. Some of the more common injuries involved in Kentucky product liability claims include:

As you can see, these are disabling injuries that can alter a person’s life forever. Having skilled legal representation on your side can mean all the difference in ensuring you secure the proper financial compensation to cover your medical expenses for as long as you need.

How long do I have to file my Kentucky product liability claim?

The statute of limitations for personal injury claims in Kentucky is one year. If you fail to file before this time runs out, the civil court system may refuse to hear your case. Typically, if eight years have passed since you purchased the product, the court will make the presumption that the product did not contain a defect. However, only an attorney knows for sure. This is why we advise contacting Wilt & Associates immediately after your accident for the best chances for a successful claim.

Do you have a product liability attorney near me?

Wilt & Associates has offices in Louisville and Lexington:

Louisville Office

13113 Eastpoint Park Blvd. Suite A
Louisville, KY 40223
Phone: 502-253-9110

Lexington Office

196 W. Lowry Lane, Suite 1
Lexington, KY 40503
Phone: 502-461-1481

If you are too injured or ill to travel to us, we can arrange a phone or video conference. We also make hospital visits when necessary.

Honest Louisville and Lexington product liability lawyers

After you are injured by a defective product, you don’t have to get stuck dealing with the financial damage of the injuries you sustained as well as the psychological and physical trauma you’ve already had to cope with. Make the at-fault party pay for their recklessness by pursuing a civil claim against them with the help of an experienced product liability lawyer at Wilt and Associates. When you are ready to take action, please call 502-253-9110 or fill out our contact form to schedule a free consultation. We maintain offices in Lexington and Louisville, and proudly serve clients throughout Kentucky.