Early this week, a Kentucky forklift operator was involved in a fatal workplace accident. A local newspaper reported that the woman was only employed with her employer for approximately two weeks when the accident occurred. An investigation has yielded information indicating that some part of the machinery malfunctioned, which resulted in the accident. Employees who witnessed the accident explained that the woman was operating the forklift in the driver's position when it continued to move upwards, eventually decapitating her. Sadly, the woman was only in her 20s, and she was the mother of a young child. The company explained that it is still investigating the accident.
In many personal injury cases, individuals are not only injured by the negligence of an individual person but by a defect in a product or part of a product. In the above case, the victim may pursue her company for negligence, but she may be able to bring a suit against the manufacturer of the forklift that malfunctioned as well, or her company may choose to do so.
In Kentucky, product liability follows the rules and regulations put forth by the Kentucky Product Liability Act. Individuals or their representatives may bring a suit for product liability if they are injured, or if it results in their death or damage to their property. The suit can be based on things such as the design, manufacture, and assembly of the product.
There are several types of suits that can be brought based on a defective product, including a strict liability suit, a negligence suit, or a breach of warranty lawsuit.
Strict Liability, Negligence, and Breach of Warranty Suits Against Manufacturers.
To bring a strict liability suit in Kentucky, the individual must establish that there was either a design defect, a failure to warn issue, or a manufacturing defect. Moreover, to bring negligence suit an individual should focus on the failure to warn or improper instructions. Lastly, a breach of warranty claim is one that focuses on the product rather than the actor. This usually requires that the actor be the buyer of the product, or someone who would be expected to use the product. The victim can sue based on any express warranties that the product came with or implied warranties.
It is important to contact an attorney to determine which type of lawsuit to bring to ensure that all statutes of limitations are met and that all responsible parties are included.
Have You Been Injured Because of a Defect in a Product?
If you or a loved one has been injured because of a defect in a product, you may be eligible for monetary compensation because of your injuries. Depending on the specific circumstances of your case, you may be entitled to compensation for past medical bills, future medical expenses, reasonable funeral expenses, and other damages that resulted because of the negligent action. Please contact one of our dedicated and experienced attorneys today at 502-583-2300 to set up a free initial consultation.
Indiana Supreme Court Allows Injury Claims Against Fraternity to Move Forward, Kentucky Injury Attorney Blog, August 13, 2014.
Court Finds Doctor's Previous Employer Doesn't Owe Duty to Future Patients, Kentucky Injury Attorney Blog, October 10, 2014.