Kansas & Missouri Product Liability Law

Persons who have been injured because of a product they used may have a product liability claim against the product's manufacturer. Product liability claims generally fall into three categories:

Defective manufacture
Defective design
Failure to provide adequate warnings/instructions for proper use of the product

Both Kansas and Missouri have essentially the same basic laws that govern product liability claims. For each of these claims, you must show not only that the product was defective, but that the defective condition of the product caused the injury at issue. A product liability attorney can help you determine whether you have a claim and what your claim might be worth.

Comparing Types of Product Liability Claims

Claims involving pharmaceutical products (drugs) are useful in comparing the three basic types of product liability claims.

Defective manufacture. If you are injured because the bottle of Tylenol you bought contains arsenic, your claim would be based on a manufacturing defect — failure to manufacture the product appropriately.
Defective design. If taking a prescription drug caused you to suffer a heart attack, your claim would be based on a design defect — the product was manufactured as intended but is nevertheless defective.
Failure to warn. Finally, a prescription drug was made correctly and is generally safe for use, but you were injured because you combined it other drugs and the label failed to warn that such a combination is dangerous, your claim would be based on a failure to warn.

Contact Us: Lenexa, KS, Product Liability Lawyer Serving Kansas & Missouri

If you have a question about a product liability claim, please contact an experienced attorney. Call the Hamilton Law Firm at (913) 888-7100, email patrick@lenexalaw.com, or complete our online form. Based in Lenexa, in the Kansas City area, we practice throughout Kansas and Missouri.

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$170,000 Jury Verdict in Negligent Misrepresenation Case

On April 24, 2018, attorney Patrick Hamilton obtained a $170,000 jury verdict in the United States District Court for the District of Kansas in a negligent misrepresentation case. Hamilton Law Firm’s client purchased a house in Kansas City, Missouri. Defendant Kathryn Sylvia was the seller’s real estate agent and an employee of defendant Platinum Realty. The sale was a “cash sale” in which payment was to be wired. The plaintiff received wiring instructions via email from Sylvia’s email account. Plaintiff forwarded the wiring instructions to his bank, which wired his money in accordance with the instructions. In actuality, the wiring instructions were prepared by a criminal hacker which caused plaintiff’s funds to be misdirected to Citi Bank in New York City. When the loss was discovered, plaintiff sued Sylvia and Platinum for negligent misrepresentation. The defendants claimed they did not email the wiring instructions to plaintiff and that plaintiff was comparatively negligent by not reviewing the wiring instructions before sending them to his bank. After a two day jury trial, the jury assigned defendants 85% of the fault and attributed 15% of the fault to plaintiff. Total damages were $196,622.67 with a net recovery to plaintiff of $167,129.27. Bain v. Platinum Realty LLC et al., Case No. 16-CV-02326-JWL. Read More

$280,000 Jury Verdict in Legal Malpractice Case (January 18, 2017)

On January 18, 2017, Hamilton Law Firm LLC obtained a $280,000.00 jury verdict in a legal malpractice lawsuit for Power Control Devices, Inc., an Olathe company specializing in the manufacture of electronic devices. The underlying litigation involved a breach of contract lawsuit against Orchid Engineering, Technologies and Consulting in the Boston, Massachusetts area. After PCD’s case had been pending for almost two years, Orchid filed a motion for summary judgment contending the lawsuit was not filed before the statutes of limitation expired. The United States District Court for the District of Massachusetts agreed, dismissing Power Control’s claims as untimely. Hamilton Law firm sued Power Control’s attorney in the underlying litigation, Michael “Mick” Lerner, for legal malpractice. After a seven day jury trial in Johnson County Kansas District Court, the jury returned a verdict in favor of Power Control. PCD Verdict Form 2617 Read More

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Lenexa, KS 66215

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Kansas & Missouri Product Liability Law

Comparing Types of Product Liability Claims

Contact Us: Lenexa, KS, Product Liability Lawyer Serving Kansas & Missouri

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