This is a multi-state form covering the subject matter of the title.
This is a multi-state form covering the subject matter of the title.
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Many jurisdictions rely on the "malfunction theory" to determine defect when the product is missing or destroyed. Under this theory, the plaintiff can establish a prima facie product liability case by showing that the product unexpectedly malfunctioned while being used normally.
Damages may include compensatory damages and punitive damages. Compensatory damages are meant to put the plaintiff in the position in which they would have been if they had not been injured. This may be hypothetical in some cases because it can be hard to completely undo the impact of an accident.
In a product liability cause of action, the Kansas product liability act permits a plaintiff to recover damages for any damage to property, including damage to the product itself.
You can also contact the Kansas Attorney General's Consumer Protection Office at 1-800-432-2310 or 913-296-3751.
In a product liability cause of action, the Kansas product liability act permits a plaintiff to recover damages for any damage to property, including damage to the product itself.
In order to succeed on a claim for strict product liability, a plaintiff must show that: (1) the product was defective (2) when it left the defendant's hand, and that (3) the defect caused the plaintiff's injury.
If you've been hurt by a product you used, you might have a product liability claim. These claims typically fall into three categories: (1) defective manufacture; (2) defective design; and (3) failure to warn or instruct.
In Kansas, the statute of limitations for product liability claims is two years. The product liability can be based on defective design (products inherently dangerous or missing safeguards), hidden defects, failure to warn, malfunctions, or defective processes.