200 West Douglas, Suite 1010, O.W. Garvey Building, Wichita, Kansas 67202

316-202-7023 316-202-7023

Product Liability

Picture

Overview: We defend manufacturers in product liability cases. We have a proven track record of success in defending some of the largest manufacturers in the world in these cases. We have experience in handling the following types of product liability cases:

  • Automobile design cases, including crashworthiness, seat belt design, seat back design, steering failure, warning lights and fuel-fed fire cases.
  • Medical devices.
  • Tires.
  • Power saws.
  • Farm equipment.
  • Litigation under the Kansas Product Liability Act.
  • Litigation under the Kansas Consumer Protection Act.
  • Express and Implied Warranties.

Duty to Warn: We have been at the forefront in developing the legal standards under the Kansas Product Liability Act related to a manufacturer’s duty to warn. Delaney v. Deere and Co., 268 Kan. 769, 999 P. 2d 930 (2000) (front-end loader).

Manufacturing Defect: We have successfully defended product liability cases where the theory of liability was that a defect occurred at the time the product was manufactured. See, Floyd v. GMC, 25 Kan. App. 2d 71, 960 P. 2d 763 (1998) (steering assembly).

Defective Design Cases: We have successfully defended the manufacturer’s design in cases where the plaintiff claimed that the design was defective. See, Gardner v. Chrysler Corp., 89 F. 3d 729 (10th Cir. 1996) (car seat).

Implied and Express Warranty Claims. We have successfully defended manufacturers on claims brought by consumers that the manufacturer violated the Kansas Consumer Protection Act and breached express and implied warranties. See, Farrell v General Motors Corp., 249 Kan. 231, 815 P. 2d 538 (1991).

Representative Clients: General Motors Corp., DaimlerChrysler, and Nissan North America.

Attorneys who practice in this area: Alan R. Pfaff and Steven D. Gough.