The Kipness Law Firm, P.C


Q: What is a products liability claim?

A: A products liability claim is a claim based on the one of the following theories: (1) a product was defectively designed; (2) a product was defectively made or (3) there was a failure to warn of dangers associated with the product’s expected and normal use.

Q: What is defective design claim?

A: A defective design is when the design of the product is inadequately designed or planned and even if manufactured correctly, it is dangerous.

Q: What is a defective manufacturing claim?

A: A defective manufacturing claim is when the manufacturer does not follow the design of the product and this failure makes the product dangerous.

Q: What is a failure to warn claim?

A: A failure to warn claim exists when the maker of the product fails to provide instructions for the product’s use or warnings about unavoidable dangers associated with the normal use of the product.

Q: What should I do if I suspect I or someone else was injured by a dangerous product?

A: Do not dispose or alter the product.  Put it in a safe place and try to locate any instructions provided with product.  If necessary get medical attention, take pictures of any injuries and contact a products liability attorney.

Q: What type of products can give rise to a products liability claim?

A: Apparel, Automobiles, ATVs, tires, household chemicals, firearms, medicines, prescriptions, food products, toys, jet skis, playground equipment, child products, swimming pool products, medical devices, seat belts, industrial equipment, industrial vehicles, recreational vehicles, farm equipment, boats, and lawn equipment.

Q: Who can be liable for a products liability claim?

A: Manufacturers of products, manufacturers of components parts, designers of products, sellers and retailers of products, wholesalers, or anyone that distributes the product.

Q: What is strict liability and how does it affect a products liability claim?

A: Strict liability means no matter how careful a company has been regarding its product, it can still be liable if its normal use is unsafe or dangerous.

Q: How do you prove a product is defective or dangerous?

A: Proving a product is defective requires evaluation by experts such as engineers, scientists, or physicians. Experts must do in depth studies of the product including its design and manufacture and whether the product complies with any government or industry standards.

Q: If a person dies from a dangerous product, can a claim still be pursued?

A: Yes, under a wrongful death statute a claim can be pursued by spouses, children, and parents of the deceased.

Q: What types of compensation can I receive for an oilfield accident?

A: You can receive compensation for lost  wages, medical bills, future medical care, loss of earning capacity damages, pain, mental anguish, disfigurement, and impairment.

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