Some types of medication are so common consumers rarely give a thought to any potential side effects. Aspirin is an example, along with birth control. Millions of women are on a form of birth control and most experience little to no side effects. Unfortunately, this doesn’t apply to all types of birth control.
For example, the potential side effects of Yaz birth control can be severe and even life-threatening. If you experienced side effects from Yaz birth control, you may be able to receive compensation for your damages by filing a strict product liability claim.
What is a Product Liability Claim?
If you’re filing a claim for damages caused by a defective product, it’s probably a strict liability claim. Most product liability claims in Kentucky fall under these guidelines. The statute allows injured parties to file a claim against the at-fault party even if their intention isn’t to cause harm to consumers.
In other words, you don’t have to prove negligence in a strict liability claim and this can simplify the process. In pretty much every other type of injury claim, you must show the defendant’s actions knowingly or recklessly resulted in your injuries.
Kentucky, like most other states, separates product liability claims into three categories:
- Manufacturing defect: This usually occurs during the assembly or production process and makes the product unsafe for its intended use.
- Design defect: The product’s design is flawed making the product unsafe for use. This type of error usually occurs before the manufacturing and distribution process.
- Missing of Insufficient warning label: Almost all products come with warning labels; even your clothes hangers warn of choking hazards. If the warning label is missing or doesn’t provide adequate information, you may have grounds for a strict product liability claim if an injury occurs.
To move forward with a strict liability claim like a case against Yaz birth control, your case must meet one of the above-mentioned criteria. You must also show how the product’s defect caused your injury.
Possible Exemptions From Kentucky’s Strict Liability Law
Sometimes, even if a product causes an injury you can’t file a strict liability claim. The Bluegrass State allows for some exemptions, and this can include any injuries you may suffer from birth control like Yaz.
So, when is a product exempt from an injury claim?
- If you purchased the product more than five years ago
- Most products that are more than eight years past the manufacturing date. So, even if you recently purchased a product and sustained an injury, if it was manufactured eight years ago you probably can’t file a claim to recover damages.
Kentucky also exempts products from injury claims if the design and manufacturing processes meet standards in place at the time of production. This can mean even if current laws have changed and allow for injury claims, you probably still can’t recover damages.
You also need to pay attention to the state’s statute of limitations on strict liability claims. In most instances, you have one year from the date of injury to file a claim. If you miss the filing deadline, you usually can’t recover compensation.
Steps for Filing a Strict Liability Claim in Kentucky
Have you ever filed a personal injury claim, maybe after a car accident? If so, you may already be familiar with the process necessary for filing a strict liability claim.
Remember, you don’t need to show the defendant’s actions are negligent, so you have one less step to follow. Otherwise, the process is similar for both types of claims.
Gather Evidence
Even though you’re not trying to prove negligence, you still need to present evidence the product is defective. How you do this typically depends on the type of product. If you're claiming a toaster malfunction caused your injuries, photograph the appliance. You also want to take some pictures of any visible injuries.
When you’re filing a claim for damages caused by defective medication like Yaz birth control, you really can’t take pictures of your injuries since the damage tends to be internal. Instead, focus on the birth control.
Don’t forget to snap some pictures of the manufacturing and expiration date. You should be able to find the information on the product’s packaging. Your prescription may also include the information. Even if your prescription only lists the product, take a picture. This helps prove you were taking the defective birth control when the side effects first appeared.
Visit a Healthcare Provider
Regardless of the severity of your injuries, you should make an immediate appointment with a healthcare provider. You want to start treating your injuries as soon as possible to avoid experiencing any life-threatening complications.
Since your strict liability claim will probably list injuries as damages, you’re going to need to provide proof. Save all of your medical records relating to the incident, along with any bills and receipts. If you're prescribed medication to treat the side effects and/or injuries, save the prescriptions.
Not only does this help support your injury claim but the documentation can also make it possible to receive full compensation.
Document Any Lost Income
Are your injuries or side effects severe enough to cause you to miss work? If so, you may be able to include lost current income in your product liability claim. You will need to provide proof of income. Usually, your pay stubs, tax records, and even a letter from your employer are enough to prove lost income.
Some injuries are severe enough to prevent you from returning to work. If this applies to you, your claim can include lost future income. The same documentation you use to show current income can help support your claim of lost future wages.
Contact a Product Liability Lawyer
Before you start filling out the paperwork for a strict liability claim, it’s a good idea to partner with an experienced product liability lawyer.
Your attorney can handle the legal process while you focus on recovering from your injuries. The side effects of defective birth control can be severe and it may take time to make a recovery.
