We are taking the threat of COVID-19 very seriously. Learn More.

Kentucky Product Liability Attorney

defective drugs - product liability

When you buy a product or medication, you have every right to expect that it will work the way you need it to — and not injure you. Sometimes, though, manufacturers focus more on their bottom line than your safety.

When a company’s negligence causes you harm, you need to understand your legal rights. At Morgan, Collins, Yeast & Salyer, our product liability lawyers have helped clients across Kentucky get the compensation they were owed for debilitating injuries caused by dangerous products. Our law firm has the experience, the resources, and the courage to take on giant manufacturers on behalf of everyday Kentuckians.

Contact our attorneys today to set up your free consultation. We will review your claim at no charge and answer all your questions.

What Is Product Liability?

Product liability laws are used to hold reckless parties such as manufacturers and sellers responsible when dangerous or defective products cause people harm. Each state has its own laws governing product liability to protect consumers.

Kentucky law allows people to pursue a personal injury or wrongful death claim for damages “caused by or resulting from the manufacture, construction, design, formulation, development of standards, preparation, processing, assembly, testing, listing, certifying, warning, instructing, marketing, advertising, packaging or labeling of any product.”

Common Types of Product Liability Claims

A whole range of products can injure people if the products aren’t manufactured correctly or if sellers don’t alert consumers to risks. While manufacturers and sellers are not responsible for every injury involving their products, they can be held liable if they were negligent.

Some common types of product liability claims include:

  • Dangerous drugs: We depend on medication to help keep us healthy and help us recover from illnesses. However, drugs occasionally do more harm than good. Sometimes medicines are manufactured incorrectly. For example, multiple brands of baby ibuprofen were recalled in early 2019 after bottles were incorrectly loaded with high concentrations of the drug that could cause serious kidney and gastrointestinal issues.
    In other cases, the drugs themselves are inherently dangerous, and manufacturers might be liable if they fail to adequately warn doctors and patients of the product’s risks. For example, manufacturers of opioid drugs have recently been ordered to pay millions of dollars for deceptively marketing opioids as safe, contributing to the epidemic of opioid addiction and overdose.
  • Medical devices: Devices that are supposed to treat diseases and disabilities can sometimes make them worse. Examples of medical devices that have recently faced issues include contraceptives, stents used to prevent artery blockages, implanted defibrillators used to control heart rhythms, and joint replacements for knees and hips.
  • Auto parts: Consequences can be deadly when cars, trucks, and motorcycles are sold with defective designs, devices, and parts. Defects are discovered every year that have caused terrifying and dangerous situations like brake failure, unexpected acceleration, rollovers, and tire blowouts.
  • Toys and children’s products: Parents place their trust in manufacturers that produce important children’s products such as toys, cribs, and car seats. These products are required to meet multiple safety standards, yet they are routinely defective and cause harm to vulnerable and innocent children. Even scarier, product risks and defects often aren’t discovered until multiple children have been injured or killed.
  • Tools: Users of tools, such as industrial equipment, appliances, and power tools, typically understand they are undertaking some risk by using these devices. However, they also expect products to meet certain safety standards. If a tool is faulty or defective, it can cause serious injuries, such as amputation, electrocution, or paralysis.
  • Safety equipment: Safety equipment includes things like steel-toed boots, goggles, and dust masks that are meant to protect people from dangerous conditions. Whether on the job or at home, we rely on safety equipment to do just that – keep us safe. When these devices fail, it leads to debilitating and life-altering injuries.

For example, defective coal dust masks and respirators have left many coal miners across Kentucky and central Appalachia exposed to toxic substances, leading to black lung. Coal miners have suffered health issues after using these products for decades, under the promise that the masks and respirators would protect them. In cases like this, negligent manufacturers must be held accountable.

No matter what type of product caused your injury or illness, you should seek legal advice as soon as possible. At Morgan, Collins, Yeast & Salyer, we are here to answer your questions and give you the Kentucky Courage you need to take on a negligent corporation.

Contact us today for your free consultation.

Types of Defective Product Claims We Handle

Types of Defective Product Claims We Handle

Defective product cases fall into three major categories:

  • Defective Manufacture: You have this kind of case when the manufacturing process introduces the danger into a faulty product. In other words, the manufacturer made a mistake while making the product. Maybe an over-the-counter medication harmed you because the wrong ingredients went into it, or sloppy assembly left a flaw in the engine of a new vehicle you bought, causing a car accident.
  • Defective Design: Even if the assembly line follows directions, hazardous flaws can get into a finished product if the product was designed wrong from the beginning. This often means every product in an entire line is defective, not just individual examples that were poorly built. A children’s toy with a choking hazard or a laptop computer that overheats and causes burn injuries could have defective design
  • Failure to Warn. You may also have a defective product claim if the maker failed to warn consumers about the danger. Maybe the product lacked a warning label — like a medication without a label listing side effects. Maybe the maker failed to include proper instructions. It’s the manufacturer’s responsibility to warn consumers about any safety issue that is not obvious.

Product Liability Statute of Limitations in Kentucky

Kentucky’s statute of limitations on product liability claims sets deadlines for filing a lawsuit. After that time period has expired, you typically lose your right to file a lawsuit and seek compensation.

In general, Kentucky law requires that product liability lawsuits must be filed within one year of the injury. However, these rules can be confusing because they are subject to multiple exceptions. An experienced Kentucky product liability lawyer can help you determine the deadline for suing for your injuries and help make sure your suit is filed before it’s too late.

How Our Defective Product Attorneys Can Help You

When you have been injured by a dangerous or defective product, it’s not always immediately clear who is responsible and what you need to do to protect your legal rights. On top of that, most of these cases involve claims against large companies that use intimidating insurance agents and lawyers to try to scare consumers out of suing or talk them into low settlements.

An experienced defective product attorney can give you the courage to face these bullies and fight for the full compensation you deserve. Some of the ways our Kentucky personal injury attorneys can help you include:

  • Reviewing your case for free
  • Helping you understand all your legal options
  • Answering any questions you might have
  • Thoroughly investigating your case
  • Collecting evidence, such as medical records, witness testimonies, and information from related cases
  • Working with expert consultants who can help support your claim
  • Negotiating with insurance and the other party’s legal team for a fair settlement offer
  • Vigorously fighting for you in court if needed to pursue maximum compensation

Don’t try to take on a large manufacturer on your own. Let the dedicated product liability lawyers at Morgan, Collins, Yeast & Salyer take the pressure off you.

What to Do If You’ve Been Harmed by a Dangerous or Defective Product

If you were harmed by a dangerous or defective product, there are certain steps you can take to protect your legal rights.

  • Get medical attention. Your health is your primary concern. See a doctor as soon as possible to have your injuries evaluated. This will help ensure you get proper care for your injuries, plus the doctor’s report will be a vital piece of evidence if you decide to file a personal injury claim or lawsuit.
  • Keep the defective or dangerous product. If you still have the product, keep it in a safe place to maintain its condition. The product itself will be a critical piece of evidence, as it can help prove the product was faulty or can be examined to discover what caused the defect and how the defect contributed to your injuries.
  • Document all the important details. Beyond obtaining medical records, document your injuries and the incident that caused your injuries as thoroughly as possible. Take pictures of your injuries and the product, plus take detailed notes at any medical appointment. If possible, keep any other documentation you might have on the product, such as the product’s packaging, sales receipt, warranty reports, or maintenance records. Any of these items might be important if your claim is disputed.
  • Get legal help as soon as possible. Contact a skilled product liability attorney for a free consultation. An experienced attorney can review your case and help you fight for the full compensation you need to recover.

Compensation for Your Injuries

If a dangerous or defective product caused your injuries, you might be entitled to seek compensation. The level of compensation you might receive depends on the details of your case, but our law firm frequently demands payment for:

  • Medical bills already incurred
  • Future medical expenses
  • Lost wages
  • Reduced capacity to earn a comparable income
  • Cost of disability accommodations
  • Property damages
  • Pain and suffering

Ultimately, you should not be left with any expenses related to your injury. A fair product liability settlement should take into account both current and future losses you can expect to face.

Steps in a Product Liability Lawsuit

Product liability lawsuits start way before the trial, and there are certain steps you can take to protect your legal rights and fight for fair compensation.

Contact a product liability lawyer: You need someone on your side who understands the intricacies of product liability law and what is needed to win your case. An experienced attorney can help you navigate this complicated process and start gathering vital evidence as soon as possible.

Determine liability: Your attorney will need to prove that some person or entity acted negligently. This is complicated in product liability cases because multiple parties might be responsible, including:

  • The product’s manufacturer
  • The manufacturer of parts or pieces of the product
  • The person or company that improperly installed or assembled the product
  • The store that sold the product
  • The wholesaler acting as a go-between for manufacturers and shops

Gather evidence: In product liability cases, you must show that the party you are accusing committed some negligent action that directly caused you harm. To do this, you’ll need a variety of evidence, including medical documentation of your injuries and the product itself. Additionally, you will typically have to show that you did nothing to contribute to your injuries. For example, if you misused a product or altered it, this might prevent you from being able to seek damages for your injuries.

Settlement negotiation: Many product liability claims are resolved outside of court with a settlement. Your attorney can negotiate with insurance and the other party’s lawyers and help determine whether a fair settlement can be reached.

File a lawsuit: If the other party fails to agree to a fair settlement, your attorney will be prepared to pursue your claim at trial.

Talk to a Kentucky Product Liability Lawyer Now

If you have been injured by a defective or dangerous product, the skilled product liability lawyers at Morgan, Collins, Yeast & Salyer are ready to fight for you. With law offices across Kentucky and a team of lawyers with decades of experience, we have the resources and skills to tackle even the toughest cases.

Put our Kentucky Courage to work for you. Contact us today to set up a free consultation.

Contact Us Online


Hello my name’s David Marion. I chose (Morgan, Collins, Yeast & Salyer)…He did an excellent job on (our) case. He got us what we deserved and what we should’ve gotten. And he worked very hard at what he did. And we are very pleased with the outcome of our case.

Review by: David Marion
Date published: 2019
Rating: ★★★★★5 / 5 stars