Defective Products

Manufacturers have an obligation to design and produce safe products … so that you are safe while using them. Sometimes big companies fail in this regard and consumers end up paying the price, suffering life-threatening or permanent injuries.

Injured by a Defective Product?

No one expects that new car they purchased to have defective airbags or a faulty ignition switch or a children’s toy to present a choking hazard or those life-saving medical devices to cause serious injuries, sometimes even a wrongful death.

When you have been harmed while using a product the way it is intended to be used, you may have the right to seek compensation through a product liability claim.

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Defective products can range from tools, to safety equipment, recreational products, agricultural products, medical products and more.

Our lawyers in Kansas City are familiar with the best ways to investigate, evaluate, and pursue claims such as:

  • Defective medical devices, including metal-on-metal hip replacements
  • Defective industrial, construction and farming equipment
  • Unsafe mobility scooters
  • Defective tools
  • Space heaters, smoke detectors and other equipment with defects that play a role in fires and burn injuries
  • A full range of playground equipment and other recreational products

Case Results

$540,000 settlement for two employees of a gas company who sustained burn injuries as a result of a natural gas explosion.

When you have questions, our team is here to answer them for you.

Medical Device Safety

Medical Device product liability

Defective medical devices.

Medical devices help people live better, longer lives. However, when they are defective, they can lead to serious side effects and deadly outcomes.

When you undergo surgery or consent to an innovative treatment, you depend on the safety and effectiveness of the devices provided by medical professionals.

Unfortunately, these devices might be inadequately tested and rushed to market, fail in treating the disorder, or simply fail to work as intended.

The Nash & Franciskato Law Firm has successfully litigated medical product liability cases such as:

  • Pain pumps that have been misrepresented by the manufacturer
  • Defective defibrillators and problems with pacemakers

Case Results

$489,500 settlement for a shoulder repair surgery in which a pain pump was utilized post-operatively. Research revealed that the pain pump caused a permanent condition known as chondrolysis.

More Case Results

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Types of Product Liability Claims

There are three types of product liability claims that can be pursued.

Product Liability

Product liability claims.

Design Flaws, alleging that the product is inherently unsafe due to a flaw in the product’s design.

Manufacturing Flaws, alleging a defect arose from a mistake while the product was being made making the product unsafe. Typically, this refers to a product manufactured within a defined time in which a flaw existed and can be identified by a specific product code.

Failure to warn, alleging the manufacturer or others failed to properly warn the consumer about dangers posed by the product and/or did not provide adequate warnings or instructions for using the product safely.

Who can be held liable?

Manufacturer. Retailer. Wholesaler. Any company that designs, manufacturers, sells or distributes a potentially unsafe or dangerous product could be held liable for damages resulting from an injury caused by a defective product.

Have questions? Contact our staff at (877) 284-6600.

Consulting Professionals to Prove Your Case

The attorneys and legal team at Nash & Franciskato Law Firm in Kansas City are dedicated to representing people injured by defective products. Powerful corporations or complex cases do not intimidate us.

With our attorneys, you will have:

  • Over 80 years of combined experience
  • Trusted legal advisor committed to your needs
  • Free, no-obligation review of your case
  • Super Lawyers for over 10 years
  • The AV Preeminence Rating for Ethical Standards & Legal Ability
  • Compassionate advocacy for you and your family

Receive a Free Evaluation from Experienced Product Liability Attorneys

If you or a family member is suffering adverse effects from the use of a defective product, contact our legal team in Kansas City today for your free, no-obligation case evaluation. Your health may be at stake, and our lawyers want to help.

Contact us for a free Review of Your Case


What is a defective medical device?

A defective medical device is a device that was designed and manufactured to help patients with a specific medical problem, but the device fails or does not operate as it should once it is in use by the patient.

How can I find out if there is a problem with a medical device or other product?

The Food and Drug Administration (FDA) monitors problems with food, drugs, medical devices and many other products. You can find a current list of recalls, market withdrawals and safety alerts and a searchable database for reported failures on their website.

In addition, the Consumer Product Safety Commission (CPSC) monitors problems with consumer products. The CPSC website provides a current list of recalled products, news information regarding safety issues, and a list of applicable industry standards that pertain to various products.

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