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Louisville Product Liability Lawyer

In this video, Attorney Brett Oppenheimer discusses product liability cases and allegations of improper manufacture, improper design and improper labeling of products. To learn more, view this video or call Mr. Oppenheimer today.

A person who has been injured using a product may be able to hold the manufacturer, wholesaler or store that sold the defective product responsible. An action can be brought against the person or company involved in designing, producing or distributing a dangerous product if evidence shows that the product was:

  • Improperly designed
  • Improperly manufactured
  • Improperly labeled concerning warnings

When a manufacturer, wholesaler or retailer is found liable or at fault, a court can order them to pay money to compensate for injuries caused by the defective product. The court can also order the payment of additional money to penalize the responsible parties for the defective or dangerous product. These awards are called punitive damages.

Three Types of Product Liability

  • Manufacturing Defect—If the manufacturer fails to make the product properly, a manufacturing defect may exist. Thus, if the finished product is substandard by comparison to identical products, the manufacturer may be held accountable for failing to catch the defect before it left the assembly line and was sold to the consumer.
  • Design Defect—A design defect is one in which the whole product line, or every product of that particular model is dangerous.
  • Failure to Warn—If the manufacturer knows or should have known at the time of manufacture there were risks associated with the use of the product; they have an obligation to notify the user of the product in clear language about the risks.

Product liability is more prevalent in our society than some might think. Recently, there was a major announcement made to the public regarding the recall of almost a million toys targeted to young children. The concern was lead in the surface paint, which can be a serious danger to small children. Product recalls can also be for defective safety features (like child restraint features) or other unsafe components.

Products often investigated due to injury allegations include:

  • Disposable cigarette lighters
  • Fires initiating on upholstered furniture
  • Child restraints
  • Dangerous toys causing injury
  • Defective medical devices
  • Prescription drugs
  • Faulty automotive components (seatbelts, tires, airbags etc.)
  • Various others

The financial and emotional price of defective products can be immeasurable. Each year hundreds of thousands of people are injured or killed by dangerous products ranging from toys to household equipment to cars to industrial products. According to the Consumer Product Safety Commission, there are hundreds of thousands of emergency room visits each year from faulty toys causing injury alone.

Product Liability Attorney's Recommendations

  • Save the product and any documents or packaging that came with it.
  • Write down as much information about the product as possible (manufacturer, model number, place and date of purchase, serial number, etc.)
  • Store it in a safe place and do not modify or change it at all
  • Write down the name, address and telephone number of any witnesses
  • Do not discuss the case with anyone and do not give any written or recorded statements.

Attorney, Brett H. Oppenheimer works to protect consumers by investigating cases involving dangerous or defective products. If you believe you or a loved one has suffered injuries due to a defective or unsafe product contact us or call us toll free at 1-866-935-5729 to schedule a free consultation.

Product liability lawsuits can become overwhelming without an experienced Kentucky product liability attorney at your side. Let Brett investigate your claim and work through the complexities of product liability investigation and/or litigation for you. If you live in Kentucky, Brett H. Oppenheimer, PLLC will be happy to consider your case.

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Attorney Brett H. Oppenheimer explains the purpose of the phone call blog. He believes it is an opportunity to share some of the stories and inquiries that come to him by email and telephone so you can learn about the types of cases he and his staff consider. The phone call blog is a compilation of stories that come to him from people just like you. To learn more about the phone call blog, please view this short video.

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    April 11th, 2014

    I received a call from the father of an adolescent male. His son had been diagnosed with ADHD and, among other medications, was prescribed Risperdal. His son had recently been diagnosed with Gynecomastia (male breast growth). The father had learned through an internet search that Gynecomastia is a complication of Risperdal. Unfortunately,... read more

  • Contractor's Fingers Severely Injured by Table Saw

    April 11th, 2014

    We received an inquiry from a contractor who had had two fingers severed and one injured substantially when he was injured by a table saw. Injuries from table saws can certainly be significant. We explained that where there are serious injuries we are interested in investigating claims associated with recently manufactured table... read more

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    April 11th, 2014

    We received a call from a 58 year old gentleman that had been using testosterone replacement therapy ("Low-T" gel) for approximately 60 days when he suffered a heart attack. He had seen something online about dangers associated testosterone replacement therapy and increased incidences of heart attack and stroke, and, therefore, called. I... read more

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    January 17th, 2014

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    A woman in her mid-fifties contacted our office to discuss her recent diagnosis of Type II Diabetes. She had been prescribed Lipitor to help lower her cholesterol. In fact, results from a recent study showed a drastic increase in Type II Diabetes in menopausal women using Lipitor. One of the criteria as... read more

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    January 17th, 2014

    We were contacted by a middle aged woman who had recently undergone surgery. She and her family were told that her surgery was anticipated to last approximately an hour and a half. Concerns arose during the surgery and, ultimately, the surgery lasted almost six hours. When the patient awoke, she had pain,... read more

  • Brett Comments on "Infuse In The Courtroom" Article

    May 22nd, 2014

    Brett Oppenheimer Comments on the article from the Milwaukee Journal Sentinel, Medtronic's Infuse Moves From Operating Room to Courtroom (by John Fauber) I have reviewed this article by John Fauber and believe that it offers an objective and largely accurate synopsis of the history and current litigation status of Infuse. Infuse® is... read more

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  • Don't Ask your Doctor About 'Low T'

    March 17th, 2014

    Drug prescriptions for testosterone therapy have nearly tripled since 2001 for American men suffering from "Low T," a condition that is more frequently the natural result of aging rather than any disease. Testosterone therapy in these men has been found to significantly increase the risk of heart disease and cardiovascular disease,... read more

  • Overselling Testosterone, Dangerously

    March 14th, 2014

    A recent large study has found additional evidence of significantly increased risk of cardiovascular disease in middle aged men and older who are prescribed testosterone for "low T." Click here to read the original New York Times article... read more

  • Fatal Crashes Linked to General Motors' Delayed Recalls

    March 4th, 2014

    By Christopher Jensenmarch 2, 2014 For Laura Christian, July 29, 2005, was the worst kind of anniversary. One year earlier, Ms. Christian had been reunited with Amber Marie Rose, the daughter she gave up for adoption at birth. But Ms. Christian did not get to call her daughter a year later. In the predawn... read more

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