Know whom to hold accountable in product liability lawsuit

If you have had the unfortunate experience of suffering due to a defective product, you are not alone. The U.S. Consumer Products Safety Commission estimates that millions of people in Kentucky and across the country are injured every year due to a range of items, from dangerous pharmaceuticals to defective children’s toys to poorly constructed amusement park rides. At Gary C. Johnson, P.S.C., we know that these cases can quickly grow complex as there may be several parties on the hook for your injuries.

The Kentucky Products Liability Act defines the parties that may be listed as defendants in a claim, including negligent manufacturers, retailers, distributors and wholesalers. It is critical that you and your attorney research all possible angles of your case to determine where the negligence came into play, as it could have involved the following:

• The design of the product
• The item’s construction
• The development of standards for the product’s performance
• The certification and any necessary warnings
• The marketing and advertising
• The packaging and labeling

Depending on which of these factors led to the injury, you may be able to hold more than one party accountable. For example, if your infant was injured due to a toy that was marketed as safe for babies but was assembled incorrectly and has choking hazards that are clearly unsuitable for little ones, you may be able to file a claim against the manufacturer and the retailer.

However, Kentucky law dictates that in order to hold retailers, distributors, and wholesalers accountable, you must be able to prove that the party either knew or should have known about the defect or that the party breached an express warranty.

For more information on this topic, please visit our page on products liability lawsuits.