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AREAS OF PRACTICE
 Auto / Car Accidents
Catastrophic Accidents
Medical Malpractice
Motorcycle Accidents
Nursing Home Injuries
Personal Injury
Product liability
Real Estate
Train Accidents
Trucking Accidents
Workers' Compensation
Wrongful Death
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The product liability claims and settlement
attorneys
at the Eschmann & Pringle P.A.
are dedicated to serve their clients in Kansas, including the cities of Topeka, Lawrence,
Eudora, DeSoto, Manhattan, Wamego, Junction City, Abilene, Salina, Emporia,
Council Grove, Lyndon, Osage City, Ottawa, Paola, Burlingame, Burlington,
Seneca, Sabetha, Marysville, Hiawatha, Holton, Lenexa, Olathe, Kansas City,
Overland Park, Leawood, Merriam, Shawnee, Gardner, Atchison, Lansing and
Leavenworth, and the communities that make up Shawnee, Douglas, Jefferson,
Jackson, Wabaunsee, Pottawatomie, Geary, Riley, Dickinson, Saline, Morris,
Lyon, Osage, Coffey, Franklin, Miami, Johnson, Wyandotte, Leavenworth,
Brown, Nemaha, Marshall, Doniphan and Atchison counties.
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Products Liability l Frequently Asked Questions
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Common Defenses Against Product Liability Claims
Manufacturers and sellers have a variety of defenses against product liability at their disposal. Arguments in these cases can be very complex, requiring knowledge of engineering, science, and manufacturing techniques. As a result, you should take every possible precaution to protect your legal rights.
Plaintiffs in a personal injury case must act within a time limit, or “limitation period”. Some states also have “statutes of repose”, which prevent legal action after products reach a certain age, no matter when the plaintiff is injured.
You must be able to connect the product which caused injury with the party or parties responsible for its manufacture or sale. An exception applies in cases which involve defective medication. Since it is often impossible to identify the specific company that supplied a defective medication, a successful action will hold pharmaceutical companies liable according to their percentage of sales in the area where the injury occurred.
Manufacturers can argue that the plaintiff or a seller altered the product after it was out of the manufacturer’s control, and that this alteration caused the injury. They can also argue that the product was misused, and that the injury therefore arose from misuse of a reasonably safe product.
State law varies on which defenses apply. Other defenses also exist. You should discuss your case with an attorney with experience in product liability law to determine whether thesedefenses apply to your case.
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DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.
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| If you would like to schedule a free initial consultation contact an Kansas product liability attorney , representing clients in DeSoto, Kansas at the Eschmann & Pringle P.A..
Give us a call at (800) 952-0566 or email us at info@echmannpringle.com. |
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