Kansas Products Liability Questionnaire

State:
Multi-State
Control #:
US-Q1034
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a product liability matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

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.

So, for example, if your vehicle veered off the roadway because of a faulty steering, you would have a product liability claim only if you can show evidence that your accident and resulting injuries were caused by the steering defect, not because of a mistake you made.

In legal disputes regarding product liability, a risk-utility test is used to determine whether a product's design or warning is defective, thereby making the manufacturer liable for injuries caused by its product.

Common causes of product liability claims include design flaws, manufacturing errors, inadequate testing, failure to warn, recalls, counterfeit products, negligence, and failure to meet consumer expectations.

In general, an injured party must prove that the product was defective or dangerous at the time when it left the possession or control of the defendant. The seller is not liable for injuries caused by parties' mishandling or other actions that make the product harmful at the time it was consumed by the purchaser.

4 Elements You Need to Prove in a Product Liability Case There was an actual loss of property, injury, or death. ... The product was defective. ... The defect causes your property loss or injury. ... You used the product as a reasonable individual would have.

To recover damages in a product liability lawsuit, you'll have to establish three factors: (1) the product was designed, manufactured, or marketed in a defective manner; (2) the manufacturers or distributors knew, or should have known, about the product's defect; and (3) you suffered tangible injuries when you used the ...

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.

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Kansas Products Liability Questionnaire