Product Liability lawyers in Kansas City

Generally speaking , the law allows plaintiffs to recover two broad categories of damages: (1) economic damages and (2) non-economic damages. There are several subcategories under each. Economic damages include things like your past and future medical bills, lost wages, and the costs of household duties you can no longer perform. You can think of economic damages as any out-of-pocket expenses you have had to pay because of the accident. Non-economic damages compensate injured persons for losses such as pain, suffering, mental anxiety or distress. Some states place “damage caps” on these types of damages, which limit the amount of money a plaintiff can recover for these losses.

Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). Products containing inherent defects that cause harm to a consumer (or someone to whom the product was loaned, given, etc.) of the product would be the subjects of products liability suits. While products are generally thought of as tangible personal property, products liability has stretched that definition to include intangibles (i.e. gas), naturals (i.e. pets), real estate (i.e. house), and writings (i.e. navigational charts). Products liability is derived mainly from torts law.

Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness. This will typically depend on the jurisdiction within which the claim is based, due to the fact that there is no federal products liability law. This lack of uniformity has resulted in the United States Department of Commerce publishing the Model Uniform Products Liability Act (MUPLA), which has tried to encourage uniform procedures for the products liability tort.

Because each case is different in terms of its complexity, the length of time it takes to resolve a case can vary. The length of time can also be influenced by how quickly the trial court can provide a trial date. Generally speaking, if a case must be filed and litigated, it will take anywhere from 1–2 years to resolve.

Statistics show that a majority of civil claims resolve by settlement without a trial. However, we assume every case we take will need to be tried and potentially appealed. Committing the time, detail and resources necessary to fully prepare a case is what gives them the best chance to resolve.