Product Liability Claims: What you Should Know

Product Liability

In Kansas City and across the country, dangerous and defective products are responsible for thousands of injuries each year. Unfortunately, many items reach the market with hidden flaws—posing serious risks to consumers. So, what do you need to know when a seemingly safe product causes harm?


What is Product Liability?

Quite simply, the dictionary defines it as: the legal liability a manufacturer or trader incurs for producing or selling a faulty product.

design defect dangerous and defective products cause injuries

In other words, it is the legal responsibility that manufacturers or sellers face when a defective product injures a consumer. This liability applies to anyone in the distribution chain—from designers to manufacturers, wholesalers to retailers. In short, companies are expected to:

  • Produce safe, reliable products
  • Warn users of known risks and hazards
  • Conduct proper testing and quality control

When serious and catastrophic injuries occur because of a defective or dangerous product, the result is often a product liability claim to obtain compensation for these injuries.

What makes for a successful product liability claim?

To build a strong case, your legal team will aim to:

  • Show that your injury was a direct result of using the defective product.
  • Prove the existence of a manufacturing defect, design defect, or that the company failed to warn of the risks.
  • Demonstrate that the product was being used as intended or in a way the manufacturer could have foreseen a reasonable person to use it.
  • Establish that the defect was the actual and proximate cause of harm.

The legal team at Nash & Franciskato is well-versed in the laws that protect consumers against the harm posed by defective products.

Questions? Call us at (877) 284-6600 for a free, no-obligation case


Do You Have a Product Liability Claim?

Our Kansas City-based legal team is skilled in consumer protection laws and product liability litigation. We’re here to help you understand your rights and build a compelling case.


Types of Product Defects

Three primary categories of product defects may lead to legal claims:

Manufacturing defects are those that occur in the course of a product’s manufacture or assembly. These defects may occur because of things such as:

  • Inadequate quality control
  • Lack of oversight in the manufacturing process
  • Lack of proper safety tests
  • Use of unsafe materials

defective products design defect safe products manufacturing defects

Key Point: No matter what kind of care a manufacturer takes throughout the manufacturing process, the company is liable for defects that occur as a result of faulty construction.

Design defects are in a product from the beginning, even before it is manufactured. In other words, something in the design is inherently flawed or unsafe, creating a hazard for potential users of the product.

  • These defects typically affect every unit made
  • Responsibility may lie with the original designer or manufacturer

Whereas manufacturing defects are typically found in only a portion of the products produced, design defects are typically found in all the manufactured products.

Failure to Warn and/or Marketing occurs when a manufacturer is aware of the potential dangers but does not provide adequate warnings, instructions, or labels about known risks to consumers, ensuring they understand the risks should they use the product in the right manner.

A warning label should inform the consumer:

  • existing hazards
  • severity of the risk involved with the particular product
  • effects of the hazard
  • how to avoid the hazard

Who Can Be Held Liable?

Liability can extend to any party in the distribution chain, including:

  • The product manufacturer
  • Manufacturers of component parts
  • Assemblers or installers
  • Wholesalers
  • Retailers

Start Your Free, Confidential Case Evaluation with One of Our Team Today!

attorney defective product lawyer lawyer product liability claims

If you or a loved one suffered an injury due to a defective product, you may have a product liability case. Contact the law offices of Nash & Franciskato at (877) 284-6600. One of our experienced staff members will speak with you personally and will provide you with a free, no-obligation review of your case.

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Past results afford no guarantee of future results, and each case is different and is judged on its own merits. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Editor’s Note: This post was originally published July 22, 2016. It was reviewed on February 28, 2024, and again on July 9, 2025, updated for content and accuracy, and republished at this time.

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