Injuries Caused by Defective and Dangerous Products

• Types of Products
  • Commercial Products – e.g., forklifts, ladders, tractors, vehicles
  • Household Products – e.g., lawn mowers, coffee makers
  • Products you Own, Lease or Use
• Potential Defendants
  • Manufacturer of defective product
  • Retail seller of defective product
  • Lessor of defective product
  • Supplier of defective product
• Different legal theories
  • Breach of express warranty
  • Breach of implied warranty of
    • Fitness for a particular purpose
    • Merchantability (ordinary use)
  • Strict Liability – Product Defect
    • Product
      • In a defective condition
      • Unreasonably dangerous
      • When put to a reasonably anticipated use
  • Strict Liability – Failure to Warn
    • Product
      • Unreasonably dangerous
      • When put to a reasonably anticipated use
      • Without adequate warning of the danger
  • Negligent Manufacture, Design, Failure to Warn
• Missouri – 5 year statute of limitations
• Kansas – 2 year statute of limitations