Kentucky Product Defect Notice

State:
Multi-State
Control #:
US-13250BG
Format:
Word; 
Rich Text
Instant download

Description

Providing notice of a product defect to its manufacturer, distributor, or seller is an essential step in the process of receiving compensation for injuries or damages proximately caused by that defect. Although strongly suggested, the formality of delivering such notice by certified mail, return receipt requested, is not required under states' laws, but it is helpful so that the consumer can have certainty that the notice was received.

How to fill out Product Defect Notice?

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FAQ

There are three types of product defects that incur liability in manufacturers and suppliers:Design Defects. Design defects are inherent, as they exist before the product is manufactured.Manufacturing Defects. Manufacturing defects occur during the construction or production of the item.Defects in marketing.

Consumers are not always aware of the many different ways products can harm them. In general, a product defect will fit into one of three categories....Marketing DefectIncorrect user instructions.False claims.Failure to warn consumer of risks.Advertisements encouraging improper use.Improper warning labels.28-Feb-2020

Twenty-three states have adopted a statute of repose for product liability claims. Most statutes vary between 10 and 12 years. However, Kentucky has a presumption of non- defectiveness if the loss occurs five years after the sale to the consumer or eight years after the product was first manufactured.

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.

LIMITATIONS PERIOD The statute of limitations is five years, for actions on a liability created by statute, when no other time is fixed by the statute creating the liability (Ky.

Liability under Part I of the CPA The CPA imposes strict liability on manufacturers of defective products for harm caused by those products. This means that people who are injured by defective products can sue for compensation without having to prove that the manufacturer was negligent.

A product defect is any characteristic of a product which hinders its usability for the purpose for which it was designed and manufactured. Product defects arise most prominently in legal contexts regarding product safety, where the term is applied to "anything that renders the product not reasonably safe".

Kentucky's discovery rule provides that a cause of action does not accrue until the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, both his injury and the responsible party.

According to Kentucky Revised Statutes section 411.182, Kentucky is a "pure comparative fault" state. This means that the amount of damages you can recover in a car-accident-related lawsuit is reduced by the same percentage as your level of fault in causing the crash.

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Kentucky Product Defect Notice