Product liability laws in Kentucky give injured consumers the right to sue for damages if a defective item caused harm. Here's what you need to know.

When a Defective Product Causes Harm in Kentucky

Consumers in Kentucky trust that the products they buy—from vehicles and appliances to medications and power tools—are safe for their intended use. But when a defective product malfunctions and leads to injury, the aftermath can be life-changing. Whether it’s a faulty airbag that fails to deploy or a prescription drug with undisclosed side effects, Kentucky law allows victims to pursue compensation through a product liability claim.

A successful lawsuit must prove the product was defective, the defect caused your injury, and the item was being used as intended. These cases can be filed against manufacturers, distributors, or even retailers, depending on the circumstances.

Types of Product Defects That Lead to Lawsuits

Manufacturing Defects

These occur when an otherwise safe product becomes dangerous due to an error during production. For instance, a batch of bicycle helmets may leave the factory without the required inner lining, compromising safety. Even if the design and warnings are sound, a manufacturing error can still create liability.

Design Defects

Design flaws exist before the product is ever made. If a product is inherently dangerous due to its structure or engineering—even when manufactured correctly—it may be considered unreasonably hazardous. A common example might be a space heater that overheats and starts fires under normal use.

Failure to Warn (Marketing Defects)

Sometimes, the danger lies not in how a product is made but in how it’s presented. Manufacturers have a duty to provide adequate warnings and instructions. If a cleaning chemical causes burns because the label fails to mention that gloves are required, this could justify a lawsuit based on failure to warn.

Who Can Be Held Liable in a Kentucky Product Liability Lawsuit?

Product liability in Kentucky follows a strict liability standard. This means a company can be held legally responsible for a defective product even if they were not negligent during manufacturing or distribution.

Potentially liable parties include:

• Manufacturers of the final product or individual parts
• Distributors or wholesalers who handled the product
• Retailers who sold the defective item

In some cases, even foreign manufacturers can be sued if their products reach Kentucky markets and cause harm. The law recognizes that consumers often have no way of inspecting a product for safety—and therefore places responsibility on those profiting from its sale.

What Must Be Proven in a Kentucky Product Liability Case?

Kentucky courts typically require plaintiffs to prove several key elements:

1. The product was defective

Evidence such as expert analysis, accident reconstruction, or a product recall can demonstrate that the item did not meet safety expectations.

2. The defect caused your injury

Causation is essential. If you were injured while using a power tool, it must be shown that the injury was caused by the product’s defect—not by unrelated misuse or another factor.

3. You were using the product as intended

Using a ladder as a bookshelf likely won’t support a claim. However, using the product in a reasonably foreseeable way—even if not its primary purpose—can still qualify.

Statute of Limitations for Product Liability in Kentucky

In Kentucky, product liability claims must generally be filed within one year of the injury. This time limit is shorter than in many other states, and failing to act in time can permanently bar you from recovering damages.

There are some limited exceptions. For instance, if the injury wasn't immediately apparent—such as in cases involving toxic exposure—the clock might not start until the harm is discovered.

Common Damages Available in Defective Product Lawsuits

If you win your case or reach a settlement, the compensation may cover:

• Medical expenses (past and future)
• Lost income and reduced earning potential
• Pain and suffering
• Permanent disability or disfigurement
• Property damage

In cases where the manufacturer’s conduct was especially reckless, punitive damages may also be awarded to punish wrongdoing and deter similar behavior.

How Comparative Fault Could Impact Your Case

Kentucky follows a pure comparative fault system. This means that if the court finds you partially responsible for your injury—for example, by ignoring safety instructions—your compensation will be reduced by your percentage of fault. Under this system, you can still recover damages even if you were 99% at fault.

How Product Recalls Affect Liability

A product recall does not prevent you from filing a lawsuit. In fact, it can strengthen your claim. The recall may serve as evidence that the product was defective. However, if you were notified about the recall and continued to use the product anyway, that could complicate your case under Kentucky’s comparative fault rules.

Why Hiring a Product Liability Attorney Matters

Product liability cases are often complex. Large manufacturers usually have legal teams ready to challenge every aspect of a claim. A knowledgeable attorney can help by:

• Investigating the defect and gathering expert testimony
• Identifying all potentially liable parties
• Negotiating with insurance companies or corporate legal teams
• Filing your claim before the statute of limitations runs out

Many attorneys work on a contingency fee, meaning you pay nothing unless your case wins.

Conclusion

If you’ve been injured by a defective product in Kentucky, you have legal options to hold manufacturers and sellers accountable. Whether the issue was a manufacturing error, a flawed design, or missing safety warnings, state law allows victims to seek compensation for the harm they’ve suffered. Because these cases hinge on detailed evidence, time-sensitive filings, and strategic legal arguments, it’s essential to work with an attorney who understands Kentucky’s product liability laws and is prepared to fight for your recovery.

Injured? The Office of Brandon J. Broderick Can Help

Navigating a Kentucky product liability claim can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.