Dangerous & Defective Product Injury Attorneys
Dangerous products injure Lee’s Summit residents more often than you might think. Surprise is the first reaction. Our clients are stunned that something seemingly safe is causing such terrible injury.
Dangerous products can be found everywhere, from inside our homes to our automobiles and workplace. These products are advertised for a particular use. They are supposed to be safe; however, they cause serious personal injury.
It is vital that the victim at least seek advice from an injury attorney with experience in defective products. It is important to our society. Bringing defective product design and manufacturing cases is the primary means that defective products are removed from the marketplace. It is the most effective means for the victim to prevent others from being injured.
Our civil justice system is a powerful tool that can make the world a safer place. The injury attorneys of Hamilton & Associates have specific experience in defective product design cases and defective product manufacturing cases. Other personal injury attorneys, when face with a defective product case, regularly refer such cases to our law office. There is good reason for this. Defective product design cases are a difficult, specialty niche area of the law. It takes a great deal of experience to effectively bring one. It takes a large amount of funds to litigate such cases. There are many way to fail at a defective product case, and few ways to win. That is why talking with one of our product injury attorneys is so very helpful.
Our law firm is one of the most successful and experienced law firms in the Kansas City metropolitan area at handling defective product design cases and defective product manufacturing cases. We help those injured by these accidents. We successfully get injured victims compensation for their life-long loses. We force companies to re-design their products so that the public is safer. have successfully represented injured parties against the manufacturers, distributors, and sellers of defective products of many kinds, from household appliances to commercial equipment.
The attorneys at Hamilton & Associates successfully removed from the market dangerous shopping carts that injured thousands of children in the United States every year. We sued and changed the policy of Lee’s Summit schools from using dangerous concrete on childhood playgrounds. Instead, newer, less injury prone materials are used now. We challenged the pesticide industry to protect vulnerable people from life-threatening pesticide poison exposure. The attorneys at Hamilton & Associates have worked to strengthen industry equipment to prevent untimely deaths and disabling injuries in Lee’s Summit.
Frequently Asked Questions About Dangerous Product Cases in Jackson County
- What is the difference between a defective product design claim and a defective manufacturing claim?
- What is the significance of the difference between product design cases and product manufaturing cases?
- What should I look for when choosing which lawyer to represent me on my defective product case?
- How can I afford a defective product lawyer?
- Will I have to put up any money to get started?
- What is my case worth?
- I’m not the “suing” type. I don’t believe in lawsuits. Is there a way to get my bills paid without filing a lawsuit?
- Will my product defect case go to trial if we do have to file suit?
- Will you speak with me before settling my product defect case?
1. What is the difference between a defective product design claim and a defective product manufacturing claim?
The difference is important.
A defective product manufacturing claim is a “strict product liability” claim brought in the State Courts, such as the Circuit Court of Jackson County at Independence. It alleges that while there was nothing wrong with the DESIGN of the particular product itself, THIS PARTICULAR product was made in a manner that was “unreasonably dangerou”s for it ” reasonably anticipated use.”
For example, imagine a vehicle that is designed to stop in 100 feet from 55 miles per hour if the brakes are hit at full. Nearly all brakes of these vehicles do indeed stop in 100 feet from 55 miles per hour. Sadly, a mistake happened in the manufacturing process of the particular vehicle the victim was driving. Perhaps the metal was brittle; perhaps a worker forgot to add a bolt; no one knows. Because of the problem with THIS PARTICULAR vehicle, it fails to stop and the victim is terribly injured. This is a defective product manufacturing claim.
A defective product design claim is also a “strict product liability” claim brought in the State Courts, such as the Circuit Court of Jackson County at Independence. This claim alleges that the manufacturing process was performed exactly correctly. There is nothing special or unique about the particular product that injured the victim. However, the DESIGN of the product itself makes ALL of these products “unreasonably dangerous” when put to a “reasonably anticipated use.”
For example, imagine our vehicle that is designed to stop in 100 feet from 55 miles per hour if the brakes are hit at full. Imagine our vehicle does perform exactly as designed and stops in 100 feet. However, the design of all of the vehicles causes their steering to lock during a period of maximum braking. This means every driver of every vehicle of this design cannot steer if the brakes are locked. If you’ll agree that this is unreasonably dangerous, then this is a defective product design situation.
2. What is the significance of the difference between defective product design cases and defective product manufacturing cases?
There’s HUGE difference between these two types of defective product cases
Defective product manufacturing cases are rare. Let’s face it. Modern technology has caused our factories to be extremely efficient at mass producing products that are nearly identical. Identical products are so predictable, that consumers are shocked when they encounter products that differ (for example, stamp and money collectors). Because of the rarity of manufacturing defects, manufacturers do not view defective manufacturing lawsuits are particularly troublesome. They are easier for the lawyers to prove, the manufacturers do not fight them as hard and they are more willing to pay early in settlement. It still helps to have a product defect injury attorney with great experience in the area. The victims result will be faster and the compensation will be greater. Still, it is easier than design cases.
Defective product design cases are rare, but less rare. This is because when a product is designed in a defective manner, ALL of the products produced are unreasonably dangerous when put to a reasonably anticipated use. There are many victims. Many victims are expected in the future. The manufacturer has a big problem. It is thus reasonable to expect that the manufacturer will want to settle a defective product design case early, right? Wrong. Manufacturers tend to spare no expense in fighting these cases. It’s like bringing food to show-and-tell in elementary school. If you give some to one person; you have to give some to everyone. So, too, in design cases manufacturers know that if they loose one case, they can expect many more cases (and thus expenses) to follow. Accordingly, attorneys experienced in other areas of the law, who may think they can bring a claim like this should think again. Victims that think they can hire their favorite traffic ticket attorney to pursue the case should re-evaluate. Design cases case take many years to pursue, cost hundreds of thousands of dollars to bring. They are generally nasty hard fought lawsuits.
Still, there is light at the end of the tunnel. Hire an injury attorney or law firm that is experienced in defective product design cases, they can get the job done in an expeditious manner. The only way to find out is call. Perhaps we can help; then we will. Perhaps we can’t help but know someone who can; we’ll put you in contact with them. Perhaps there is no help; well, then at least you’ll know for sure and can put the matter to rest.
We here at Hamilton & Associates particularly like defective product design cases. We aren’t “gluttons for punishment.” It’s just nice to make a difference. When our law firm wins a defective product cases, hundreds, thousands, sometimes tens of thousands of people are saved from being injured or killed. Families are helped. Society is better off. That is worth the extra trouble, work and expense.
Choosing a lawyer for a defective product defect case is different than choosing a lawyer for other types of cases. Defective product design cases and manufacturing defect cases are specialty areas of the law. There are many personal injury attorneys – and you have a personal injury case. However, this is a special subset of the plaintiff injury field in the law.
You will want to look for a lawyer with specific experience in this field. Many personal injury attorneys will claim experience in your case. However, ask which defective product cases they have had in the past. If they are the lawyer you are looking for, they’ll be able to give many interesting examples. If the lawyer gives generalities on injury litigation, perhaps look elsewhere. You don’t want your case to be the “test case” where that attorney learns how to do these cases.
Second, and less important to specific experience in the defective product field, is experience with your type of damages. Some product cases involve economic damages rather than personal injury. This is a specific difference as injury cases are handled different than business loss cases or property damage cases. You will want to ask about and choose a defective product law firm with experience with your type of damages.
Third, and less important than the above two is experience with your particular tpye of product. Naturally, if the attorney has handled a case similar to your, there will be a great deal of overlap and you can expect a good result and a predictable result.
Ironically, education, training and other factors are not particularly important in choosing a defective product design attorney or a manufacturing defect attorney. This is a difficult area of the law. It tends to attract some of the best attorneys any jurisdiction has to offer. Attorneys with lesser ability tend to get “weeded out.” Therefore, there is less need to look into these areas as the market has mainly done this for you.
Defective product design lawyers and manufacturing defect attorneys handle cases on a contingency fee basis. This means that the law firm will not charge you a fee for its time unless there is a recovery. If a recovery is made, then the attorney’s fee is based on an agreed percentage of the gross amount recovered. Typically defective product cases will be either 40% of the settlement or trial verdict amount plus expenses or 50% of the settlement or verdict amount plus expenses. It is true that many lawsuits are for 1/3 of the settlement or verdict amount plus expenses. However, defective product cases are expensive and difficult enough that one should not expect to see the smaller contingency amount.
The costs of pursuing a defective design claim or a manufacturing defect claim may range from just a few hundred dollars to tens or hundreds of thousands of dollars. These costs are payable separately, and not as a part of the contingent fee. Although many law firms may require you to pay these costs in advance, at Hamilton & Associates we understand that the consequences of an injury make it difficult, if not impossible, for our clients to advance the costs of a case. We pay the costs, and simply ask to be reimbursed at the conclusion of a case when your recovery is received.
No. We will pay the expenses not only up front but also throughout the course of the litigation. If we settle the case, or if there is a verdict for money, then the expenses of the lawsuit will be deducted out of the total amount paid. We do not expect you to pay anything, even at the end of the litigation if we do not succeed.
There is no way to get a specific number as to a value of a case, either at the beginning or middle of the litigation. Ranges and estimates can be made by experienced product defect attorney. The best way to get that estimate is to call our office, schedule an appointment with one of our defective product lawyers. We’ll go over the evidence, and see how close an estimate of the value can be made.
7. I do not believe in lawsuits. I’m not the “suing” type. How can I get my bills paid without filing a lawsuit?
It is possible to resolve your case without a lawsuit being filed. Your bills can be paid. The amount of the settlement may be less, but it will be handled quicker without a lawsuit. We can do it your way. You’ll have to call us to learn about the specifics as each product defect case carries with it unique issues. Most such issues are not apparent; you’ll need a specialist to recognize them.
Regarding the belief against lawsuits. Certainly we agree there are examples of bad attorney conduct. However, I have never heard of a defective product case being one of those “bad examples.” Frankly, defective product cases are good for society… really.
Nothing motivates someone like when it really matter. To corporations, money matters. Defective product cases motivate manufacturers to pay close attention to their designs so that they are safe for people to use. The easiest way to see the beneficial effect of these suits is to ask someone who has been around a long time about dangerous products in “the old days.” You’ll be surprised about the examples, and how many people were hurt or killed.
Further, today, one can visit foreign countries that have lax product defect laws. You’ll see many examples of highly dangerous products. Your see injured and maimed people. You’ll meet the relatives of deceased victims. In America, defective product cases benefit our society and reduce health care costs by producing fewer victims/patients.
Call one of our product defect attorney. We’ll schedule a time to meet at no charge to you. We’ll work it out together.
No one knows. Naturally, if the plaintiff (the injured victim) does not want to go to trial, there does not have to be a trial. Your law firm can settle for less than it would get after trial of dismiss the case entirely. However, this is unlikely. Most people WANT their day in court. It is there one and only chance to tell their side of the story. It’s their opportunity to make what they have been through a permanent part of the public record. A trial is where justice occurs.
Most cases settle before a trial. Professor Hanna of the University of Missouri at Kansas City School of Law often stated “trials occur when one or both parties are mistaken.” There is some truth to this. Generally, in settlement negotiations, the attorneys for each side attempt to come to a consensus on the “value” of a case, given the risks and rewards possible. If both sides reasonably agree, and they usually do, sooner or later, a settlement is reached. When one or both of the sides is mistaken as to what the outcome at trial will be, then trials occur. The interesting part is that no one every really KNOWS what a particular jury will do. Any trial attorney who has practiced long enough will tell of stories where he has won “sure loser” cases and lost “sure winner” cases.
Will your particular product defect case go to trial? Only time will tell. Either way, the decision will be yours. We are there to counsel and guide you (and do the work).
Yes, your expressed consent is necessary for any settlement. You will be informed immediately of any settlement negotiations, of any offer or demand, by us or the other side. It is only with your full participation, advice, and consent that your product defect case will be settled.