St Louis Product Liability Lawyers
What is Product Liability?
Manufacturers have a legal responsibility to ensure that their products, when used in the intended manner, do not harm consumers. This responsibility extends to designers, wholesalers, retailers, and anyone else involved with the sale of consumer products. In the past, "buyer beware" was the prevailing legal notion. Current law, however, imposes strict liability on the people who make defective products. It assumes that manufacturers and sellers must take reasonable means to protect consumers. This includes providing warnings when potential hazards accompany specific products, as well as ensuring that defective or malfunctioning parts are not used in their products. An experienced St Louis products liability attorney will help you determine whether you have a viable product liability case.
Establishing Product Liability for a Defective Product
There are four legal means for establishing liability in personal injury cases where a defective product has caused injury, each of which can hold the manufacturer, seller, or distributor of a product responsible for the harm it caused. An experienced defect product attorney in St Louis will help you determine whether these legal means exist in relation to your specific case facts.
- Negligence occurs when a person or entity does not provide expected, reasonable care when it has a legal responsibility to do so. The lack of appropriate care can be either the result of action or inaction and due to either carelessness or malice. In product liability cases, negligence can occur if defective parts or improper assembly results in a dangerous or malfunctioning product.
- Breach of warranty takes place when a seller fails to uphold a claim or promise about a product. The law expects companies to stand by their assertions and fulfill any obligations made to customers.
- Misrepresentation refers to advertising claims that lead consumers to believe that a product is safer than it really is or that distract them from potential risks inherent in the use of a product. Misrepresentation can be argued under breach of warranty or under strict liability.
- Strict liability makes the manufacturer or seller of a defective product responsible for all relevant injuries sustained. If the victim can show that the product was defective, that the defect was the cause of the personal injury, and that it rendered the product excessively hazardous, then strict liability holds the manufacturer or seller responsible, regardless of fault or intent.
We provide legal services to personal injury clients in Kansas City, St. Louis, Springfield, Independence, Columbia, Lee's Summit, St. Joseph, O'Fallon, St. Charles, St. Peter's, and the surrounding areas.
Types of Product Defects pertaining to Product Liability
There are at least three major types of product defects that can result in a personal injury to those who use them.
- Design defects - These occur before the product is created, in the initial planning phase.
- Manufacturing errors - These flaws result from mistakes or problems that take place during the actual production phase, and they may only affect a few specific items out of many properly working, safe products.
- Marketing misrepresentation - This occurs when sellers do not provide adequate warnings or instructions regarding potential risks that accompany specific products. Depending on the stage at which the problem was initiated, more than one party (designer, manufacturer, wholesaler, retailer, advertiser, etc.) may bear legal responsibility. Strict liability makes everyone involved in the making of consumer products potentially accountable for any resultant personal injury.
Compensation in Product Liability Cases
Product manufacturers, assembly companies, shipping companies and retail outlets may all be held accountable for the injuries caused by a defective product. Under Tort Law, all losses suffered by someone's negligence should be compensated. Damages that may be covered by a successful St. Louis product liability claim include:
- Emergency room bills
- Repeat hospital visits
- Cost of medication
- Physical therapy and other treatment costs
- Loss of wages
- Pain and suffering
- Emotional distress
I will be happy to discuss your product liability case with you and answer any questions you may have. The consultation is free. I can be reached 24 hours a day at (314) 322-8515. Call me personally and I will answer any questions or concerns. There is no fee unless you recover for the personal injuries you sustained. If you do not want to call or you can't call, you can email me at email@example.com. I look forward to speaking with you and helping you through these trying times.
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