When a loved one dies due to a dangerous or defective product, families are often left with more than just grief. They may also face unanswered questions about accountability and how to pursue justice.
A wrongful death claim based on product liability allows surviving family members to seek compensation when a manufacturer or distributor's negligence caused the fatality. To successfully manage these cases, working with a knowledgeable wrongful death attorney is essential.
At The Tourigny Law Firm LLC in Kansas City, Missouri, we help families hold manufacturers, distributors, and sellers accountable when defective products lead to tragic loss. These claims often involve technical evidence and large corporations with aggressive legal defense professionals.
Read on for more information about how these claims work and what steps families can take to seek justice.
How Defective Products Cause Fatalities
Defective products can be found in every area of life, from faulty airbags in vehicles to dangerous prescription medications or unsafe household appliances. When a product fails in a way that leads to death, it's often because of design flaws, manufacturing errors, or inadequate warnings.
Product liability law covers any product that’s unreasonably dangerous when used as intended. This broad scope allows consumers to seek justice in cases ranging from automobile part malfunctions to toxic chemicals used in cleaning products.
These claims require proving that the product was indeed defective and that the defect directly led to the fatal injury. This foundation is key when evaluating who may be held responsible.
Identifying Liable Parties
Wrongful death claims involving defective products can include multiple liable parties. Depending on the situation, responsibility could fall on the product designer, manufacturer, distributor, retailer, or even a third-party maintenance provider.
Each of these parties has a duty to produce and sell safe products. A breach of this duty—whether through cutting corners in production or failing to test safety properly—can make them legally accountable. In some cases, multiple parties may share liability.
Understanding who’s responsible is critical, but just as important is having proof to support your case.
Gathering Critical Evidence for Your Claim
In defective product cases, detailed evidence is essential. This includes the product itself, any warning labels or instruction manuals, purchase records, and expert analysis that explains how the defect caused the fatal injury.
Photographs, witness testimony, and maintenance logs may also help demonstrate how the product was used and whether that use was foreseeable. These pieces of evidence must be preserved and presented clearly to support your claim.
After collecting evidence, families often ask how these cases differ from standard wrongful death claims. That’s where product liability laws come into play.
An Overview of Product Liability Law
Product liability law provides a unique legal structure for wrongful death claims involving defective products. Unlike ordinary negligence cases, these claims can be brought under theories like strict liability, negligence, or breach of warranty.
Strict liability allows a claim to proceed even if the manufacturer wasn’t negligent, as long as the product was defective and dangerous. This makes it easier for families to pursue justice without having to prove intent or carelessness.
Managing these legal theories often requires the assistance of a wrongful death attorney who understands the details of product liability law.
Categories of Product Defects
When filing a wrongful death claim for a defective product, it's important to understand the three primary types of defects that may apply. Each plays a different role in how liability is assigned.
Some critical types of defects include:
Design defects: These occur when the product's design is inherently dangerous, even if it was manufactured correctly. An example might be a vehicle with a top-heavy design prone to rollovers.
Manufacturing defects: These result from errors during production, such as a contaminated batch of medicine or a brake pad with missing components.
Marketing defects: Also known as failure to warn, this includes cases where consumers weren’t given proper instructions or warnings about potential risks.
Determining which type of defect applies helps guide the legal strategy for the claim. Once this is established, attention turns to identifying who can file the claim.
Who Can Bring a Claim for a Defective Product Death
Wrongful death laws generally allow surviving family members to bring a claim. Eligible parties often include spouses, children, parents, or in some cases, legal representatives of the deceased’s estate.
If more than one person is eligible, the court may require them to file jointly or decide who will represent the interests of all beneficiaries. This makes sure that the compensation is distributed fairly among those affected by the loss.
After confirming who can file, it’s essential to understand what damages may be recovered in a wrongful death claim.
Damages Available in Defective Product Cases
A successful wrongful death claim involving a defective product can result in compensation for both financial and emotional losses. These include funeral costs, medical bills prior to death, lost income, and the pain and suffering of surviving family members.
Some cases may also include punitive damages. These are awarded to punish particularly reckless behavior by manufacturers or distributors, such as knowingly selling unsafe products.
Calculating these losses involves multiple factors, which must be documented and explained clearly in the legal filing.
The Impact of Expert Testimony
Defective product claims often rely on technical evidence. Because of this, expert witnesses are crucial. These individuals can help explain how the product malfunctioned and how it caused the fatality.
Experts may include engineers, product safety analysts, medical professionals, or forensic specialists. Their testimony often carries significant weight in helping a jury understand complicated issues.
A wrongful death attorney can help select the right experts and prepare them to testify effectively in court.
Common Defense Tactics by Manufacturers
Manufacturers and other defendants often use several strategies to avoid liability in defective product claims. Being aware of these tactics can help you and your attorney prepare a strong counterargument.
Typical defenses include:
Product misuse: Claiming the consumer used the product in an unintended or unsafe way
Assumption of risk: Arguing the consumer was aware of the danger but used the product anyway
No defect existed: Denying any flaw or malfunction in the product
Intervening cause: Blaming another party or an unrelated event for the fatal outcome
A skilled wrongful death attorney knows how to challenge these defenses with evidence and expert analysis. After addressing these defenses, the next focus is the timeline for filing a claim.
Statutes of Limitations for Filing
Every state sets a deadline for how long families have to file a wrongful death claim. In product liability cases, this is usually one to three years from the date of death, though some jurisdictions may allow longer under specific conditions.
Failing to meet this deadline can result in the case being dismissed entirely. For this reason, families should consult a wrongful death attorney as soon as possible to confirm the applicable statute of limitations.
Acting quickly not only preserves your rights but also protects critical evidence that may otherwise be lost.
Preparing for Settlement Negotiations or Trial
Most wrongful death claims involving defective products settle outside of court. However, some cases proceed to trial if the parties can’t agree on fault or compensation.
Either route requires careful preparation. Settlement negotiations demand a strong opening position backed by evidence, while trial preparation involves motions, expert testimony, and courtroom presentation.
In both scenarios, your attorney’s role is vital in pushing for a resolution that reflects the true value of your loss. Before negotiations begin, families should gather all essential documentation.
Documentation That Strengthens Your Case
To present a strong case, detailed documentation is critical. This may include product packaging, instruction manuals, medical records, photographs of the product, and communication with the manufacturer.
Some helpful records to organize include:
Proof of purchase: Receipts, order confirmations, or invoices showing you obtained the product
Medical records and bills: Treatment history and costs related to the injury
Autopsy and death certificates: Documentation confirming cause of death
Incident reports or consumer complaints: Reports showing prior product issues
Photographs of the product: Clear images of the product and its condition
Having this documentation ready allows your wrongful death attorney to build a well-supported claim.
What to Expect During the Legal Process
Filing a wrongful death claim based on product liability involves several stages: investigation, filing, discovery, negotiations, and possibly trial. Each phase requires specific actions, deadlines, and legal filings.
The discovery process can be particularly technical, involving requests for product schematics, internal company emails, and safety test results. Your attorney will manage these tasks and ensure the other side complies with legal obligations.
A strong legal strategy at each step helps push the case toward a favorable outcome.
Distribution of Compensation
Once compensation is awarded, courts often supervise the distribution among eligible survivors. This process makes sure that the settlement or verdict fairly addresses the losses suffered by each party.
If the claim is filed on behalf of the estate, the funds may be distributed according to the deceased’s will or state inheritance laws. Your wrongful death attorney will help manage this process and confirm that all legal procedures are followed.
Proper distribution gives families closure and helps them begin to rebuild their lives after the loss.
Speak With a Legal Advocate Today
At The Tourigny Law Firm LLC, we help families pursue justice against manufacturers and other liable parties when product defects lead to fatal outcomes. We serve clients throughout Kansas and Missouri. Contact us today to speak with an experienced wrongful death attorney and learn how we can support your case.
