When household appliances malfunction, it can create serious hazards and damage. As a consumer, there is rarely a way to foresee or prevent these types of incidents, so it is crucial that you understand your legal rights and options. If you’re wondering whether you can recover compensation for injuries caused by defective appliances, continue reading below and consult with an experienced Pike County, KY product liability lawyer today.
What Makes a Product Defective?
Any time an appliance or item does not work as intended or is unsafe for use, it can be considered defective. There are three types of defects that can render a product unsafe: design defects, manufacturing defects, and marketing or failure-to-warn defects.
- Design defects: The appliance is inherently dangerous because of the way it was designed and can never be safe, even if it is manufactured correctly
- Manufacturing defects: An error occurred during the production process, causing certain units to be manufactured incorrectly and unsafe
- Marketing defects: The appliance has missing or inadequate instructions, warnings, or other labels that result in unsafe use
When products are defective (especially electrical or gas-powered appliances), they can overheat, explode, leak, or malfunction in other unpredictable ways. This can result in property damage and serious injuries, including burns, smoke inhalation, lacerations, electrocution, chemical exposure, and more.
Can I Recover Compensation for Injuries Caused by Defective Appliances in KY?
Yes, if you sustained injuries caused by defective appliances, you may be able to recover compensation for your damages. However, you must have a valid claim, meaning you are able to show that:
- The appliance was defective
- You were using the appliance as intended or in a reasonable manner
- The defect directly caused your injuries and losses
Several parties can be held responsible for your injuries after a product defect, depending on the circumstances. The most common liable individuals or entities are manufacturers, distributors, wholesalers, retailers, landlords, installation companies, and repair companies.
Kentucky follows strict liability in product defect cases, meaning that a consumer does not need to prove negligence in order to establish a party’s responsibility for their damages. Even though the manufacturer, for example, may not have acted negligently, they can still be held liable simply because the product was defectively designed, manufactured, or marketed, and the defect caused the damages.
What Types of Compensation Am I Entitled To?
If you successfully prove your product liability claim, you may be entitled to recover compensation for both economic and non-economic damages. Economic damages cover tangible, financial losses associated with the incident. This includes medical expenses, lost wages, and property damage.
Non-economic damages compensate for non-monetary losses that affect your quality of life, such as physical pain and suffering, emotional distress, and loss of enjoyment of life.
For more information and to obtain skilled legal representation during your case, reach out to an experienced attorney today.
