What theories of liability are available in medical device injury cases?
In Kansas, there are a number of theories of liability which may be used in medical device injury cases. One of the most common theories used is strict liability. Strict liability holds a manufacturer liable for an injury caused by a product when the manufacturer failed to use reasonable care in the design, manufacture, or marketing of the product. This theory of liability does not require the plaintiff to prove that the manufacturer was negligent. Another theory of liability which may be used in medical device injury cases is negligent design. This theory requires the plaintiff to prove that the manufacturer of the device did not use due care in designing the product. They must show that the design was defective and that the design was the cause of the injury. A third theory of liability available in medical device injury cases in Kansas is negligence per se. This theory requires the manufacturer to prove that the product violated a safety regulation which applies to the product in question. If the manufacturer is able to show this, then they will be held liable for the injury regardless of whether they were negligent or not. Lastly, a theory of liability which may be used in medical device injury cases is breach of warranty. This theory requires the manufacturer to guarantee that the product conforms to the warranty and is fit for purpose. If the manufacturer fails to meet the expectations of the warranty, then they may be held liable for any resulting injury.
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