Hurt by a Defective Product in Kentucky? Understanding Strict Liability

From faulty auto parts to dangerous appliances, defective products injure Kentuckians every year. Learn how strict product liability works here.

Three kinds of defects

Product liability claims generally involve one of three defects: a design defect (the product is dangerous even when made correctly), a manufacturing defect (an error in production made this particular unit unsafe), or a marketing defect (inadequate warnings or instructions). Each is proven differently.

Strict liability eases the burden

Kentucky recognizes strict product liability. In many cases you don't have to prove the manufacturer was negligent — only that the product was defective and unreasonably dangerous and that it caused your injury when used as intended. Manufacturers, distributors, and sometimes retailers in the chain of sale can be held responsible.

Preserve the product

The single most important step after a product injury is to keep the product itself — do not repair, alter, throw away, or return it. The product is usually the key piece of evidence, and engineering experts will need to examine it. Also keep packaging, manuals, and proof of purchase.

Timing and complexity

Product cases can be complex and involve corporate defendants with significant resources. Kentucky's limitations and statute-of-repose rules also make timing important. Early legal involvement helps secure evidence and build the case.

If a product injured you or your family, call 973-566-5599 for a free review.