Over the last 25 years Edelman & Thompson has obtained favorable settlements and verdicts on behalf of hundreds of clients who have suffered injury as a result of a defective product. Many of these involve work injuries, where we have obtained settlements for our client both through the workers’ compensation system and through a separate claim for negligence against the product manufacturer or seller. Edelman & Thompson has recovered over $500 million in verdicts or settlements for our clients. Over the last 7 years, we have won more jury verdicts in Kansas City area courts than any other law firm, according to official statistics from the Kansas City Jury Verdict Service. In addition, Edelman & Thompson has won more awards in the Kansas City, Missouri Workers’ Compensation Division than any other law firm, according to statistics from the Missouri Department of Labor.
We have 5 offices across the Kansas City metropolitan area. If you have been injured on the job or anywhere as a result of a defective product, call or contact us online for a free consultation. If you cannot come to us, we will come to you. Our attorneys regularly make home and hospital visits for the convenience of our clients.
What Do You Have to Prove in a Product Liability Lawsuit?
There are many ways in which a product may be defective and dangerous. Some of these defects are as follows:
- Manufacturing Defect — An error in the manufacturing process led to a product being produced that does not conform to the manufacturer’s design specifications. Missing parts or defective materials can be common manufacturing defects. These are usually isolated cases that are limited to single products or isolated batches of products.
- Design Defect — A product that is manufactured without any issue but is dangerous because of its fundamental design.
- Warning Defect — Parties selling products have a duty to warn people about dangers related to the use of their products. Failure to include a reasonable warning could make a manufacturer liable for a user’s injuries.
Product liability lawsuits usually involve one of three theories of liability:
- Strict Liability — With a strict liability claim, a plaintiff is not proving misconduct or negligence by a manufacturer but instead focusing on the condition of the product. In a strict liability claim, the injured party must prove that their injury resulted from a defective condition of the product, and that the product as a result was unreasonably dangerous when put to its ordinary use.
- Negligence — Another theory of liability is negligence, in which a victim argues that a defendant failed to do something that a reasonable party would have done. With a negligence claim, a victim will need to prove that the defendant had a duty of care to the victim to provide a safe product, the defendant breached that duty by negligently failing to provide a safe product or warn of its dangers, and the victim suffered injuries as a result.
Compensation for Injuries Caused by Dangerous Products
As with other claims of personal injury, a victim of a defective product may bring an action for damages against one or more of the responsible parties. Such damages include economic loss such as medical bills and lost wages. An injured party may also recover damages for non-economic losses such as pain and suffering, loss of consortium or services of a spouse or family member, disfigurement and scarring, and loss of enjoyment of life.
Under Kansas law, damages for non-economic losses are capped. Missouri does not have a cap on non-economic damages in product liability cases.
In some cases, Edelman & Thompson also pursues punitive damages against a responsible party. Such damages may be awarded in cases where the defendant has exhibited conscious disregard for the rights of plaintiff and others, or engaged in highly egregious conduct. For example, a manufacturer who knows that they have made a defective product which has injured others in the past but disregards those prior injuries and continues to make and sell the defective product.
How Our Product Liability Lawyers Can Help You
Ron Edelman has been named a Top 100 Civil Litigator by the National Trial Lawyers Association and is licensed in both state and federal courts in Kansas and Missouri. James Thompson is a member of the Million Dollar Advocates Group, the Multi-Million Dollar Advocates Group, and a Kansas and Missouri Super Lawyer. James has won multiple million dollar plus settlements and verdicts in product liability cases.
Edelman & Thompson represents every client on a contingency fee basis. In other words, you pay absolutely nothing for our services until we win your case. We advance all case expenses, including retaining expert engineering and medical experts to testify concerning the defect in the product and the resulting injuries.
In any product liability case, it is important to secure legal representation immediately to ensure that all evidence is properly preserved and not destroyed or altered. When you call Edelman & Thompson, we will immediately see that all of the evidence is preserved and conduct a full investigation of the incident and the specifics of the product involved. We will ask that the product be preserved for inspection and testing, and that nothing be done with the product until the conclusion of the case.
Common Types of Dangerous and Defective Product Claims
Any product has the potential to be defective. Some kinds of products, however, result in more defective product claims than others. Common kinds of defective products generally include:
- Children’s toys
- Motor vehicle parts
- Car seats
- Medical devices
- Pharmaceutical drugs
- Construction tools or equipment
- Transvaginal mesh
When you have been injured by any kind of defective product, try to save whatever remains of the product. Store the product in a safe area inaccessible to other people.
Many manufacturers will immediately claim that a person’s injuries were the result of their improper use of the product. They will deny liability and try to blame you for your own injuries. Do not attempt to argue with a defendant on your own. If you are offered the opportunity to make a recorded statement, you should always refuse.
Some defendants may offer victims lump-sum settlements to resolve their cases. These are almost always lowball offers in an effort to have you sign off on your claims without receiving proper and fair compensation. If you do receive a settlement offer, speak with one of our lawyers for free before deciding whether to accept it. We will be able to tell you whether or not the offer is fair.
When you have been injured by any kind of dangerous or defective product, your first step should always be to seek immediate medical attention. You should safely store the product in a place where others cannot be harmed by it, and you should contact an attorney right away.
If You Have Been Injured By a Defective Product on the Job or Off
If you have sustained severe injuries by a defective or dangerous product in either Kansas or Missouri, the attorneys of Edelman & Thompson can help you seek justice and fair compensation for your injuries.
The manufacturer of that product, and potentially others including the seller, may be responsible for covering your medical bills, lost wages, and non-economic damages such as pain and suffering, but only if you take action to hold them accountable. Since 1994, Edelman & Thompson has recovered more than $500 million in settlements and verdicts for our clients. We are #1 in Kansas City jury verdicts and Kansas City work comp awards over the last 5 years. Call us or contact us online to set up a free consultation. If you cannot come to us, we will come to you. Our attorneys are more than happy to meet you in your home or hospital room. If you have been injured by a defective product, it is important that the investigation begin immediately. Don’t wait to get the help you need. Call Edelman & Thompson today.