September 19, 2019

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Kentucky Defective Product Lawsuits

Louisville Law Firms 

Defective product claims fall under an area of law called product liability. Sometimes, it is very obvious that a defective product caused an accident or injury, but in many cases the underlying cause is not immediately known. Incidents such as auto accidents, construction accidents, and fires, and illnesses such as mesothelioma and lead poisoning often involve defective products, and it may take anywhere from days or years to discover the cause or defect.

Understanding Product Liability

You do not need to prove negligence in a product liability lawsuit; you merely need to prove that it was unsafe for its intended use. Under Kentucky law, the defect which caused your injury can lie in and of the following:

  • Design

  • Formulation

  • Development of standards

  • Manufacturing

  • Construction

  • Assembly

  • Preparation

  • Processing

  • Testing

  • Listing

  • Certifying

  • Warning

  • Instruction

  • Marketing

  • Advertising

  • Packaging

  • Labeling

A product does not have to malfunction to be defective. Failure to warn of the dangers of a product, inadequate or inadequate instructions, and improper marketing are just a few examples of how or why a properly functioning product can still be defective and cause injuries.

Examples of Common Defective Products

Types of products which are commonly effective leading to injury or death and resulting in product liability lawsuits include:

  • Vehicles and their parts

  • Heavy machinery

  • Farm machinery

  • Tools

  • Prescription and over-the-counter medications

  • Medical devices

  • Food

  • Pet food

  • Asbestos

  • Construction materials

  • Electronic devices

  • Children’s toys

  • Children’s products such as cribs, high chairs, and strollers

  • Lawn equipment

  • Gas grills

  • Space heaters

  • Ladders

  • Scaffolding

  • Smoke and carbon monoxide detectors

  • Clothing, including flammable materials and children’s clothing which poses a strangulation hazard

  • Faulty wiring

  • All-terrain vehicles (ATVs)

  • Playground equipment

  • Pool drains

Defective Medications and Medical Devices

Injuries caused by defective medications and medical devices fall under product liability, rather than medical malpractice. Examples include:

  • Prescription medications

  • Over-the-counter (OTC) drugs

  • Medical devices such as hip implants and defibrillators

  • Other medical products such as antiseptic wipes

Although drug and device recalls often make big headlines, the majority of defective medical products are not recalled. While a recall could help your case by establishing that there is a known defect, a recall is not necessary in order for you to have a case and to win.

Time Limits

There are time limits for filing a product liability lawsuit, called the statute of limitations and the statute of repose.

In Kentucky, the statute of limitations is one year from the date of injury or the date that the fact that a defect product caused the injury was discovered or should have reasonably been discovered.

The statute of repose says that if the claim is brought more than five years after the date of sale or more than eight years after the date of manufacture, it is presumed that the product was not defective.