When it comes to a lawsuit involving personal injury (physical or financial), there’s no better attorney to have in your corner than one who specializes in exactly that. When your injury is specific to a damaged or defective product, you should make sure the lawyer you’re considering is an expert in product liability law.
Understanding what product liability law is can help you figure out if this is the kind of lawyer you need or type of complaint you should file to begin the process of receiving damages. Product liability law falls largely under state guidelines and has very little federal oversight. This means having a skilled Missouri lawyer who knows the laws for your state is extremely important to a successful case.
Should you decide to sue a company because of a defective or dangerous product that caused harm to you or your property, a personal injury attorney who is experienced with product liability law is the best type of lawyer to help you. Having a great injury lawyer can help your case in a variety of ways, not just by arguing for you in court. There are several things you should understand before you decide not only if you should, but if you can sue a complaint for a defective product in Missouri.
What is product liability law?
If you’ve been injured by a defective product, you’re probably wondering what steps to take next, being given a plethora of “helpful” advice by your friends and family, and totally confused about the right direction to go in. One of the foremost questions on your mind is probably, “Just what is product liability law?”
Unless you are an expert, you’re probably among the vast majority of folks who understand very little about this sector of consumer protection. Product liability law is the collection of rules governing consumer protection as it affects products that have caused harm because of negligence, a breach of warranty, or strict liability. While many types of injury cases require proving the other party was in some way negligent, thus leading to injury, strict liability in product liability law allows the injured party to sue a complaint for a defective product and recover damages without having to prove someone in the chain of distribution was negligent, which can be unreasonably difficult and expensive. Strict liability can make recovering damages much easier for the consumer.
Although financial or property damage is still worth filing a claim to recover damages, when the damage occurs to a person, the average claim for a defective product lawsuit is generally significantly higher. A personal injury claim might encompass medical bills, pain and suffering, lost wages, and any other financial loss related directly to receiving such an injury.
Who is liable if I’m injured by a defective product?
When you begin putting a lawsuit for a defective product together, tracing the entire chain of distribution is essential. This is not only true because you want to make sure you have all the companies who might be at fault involved, but because it can help pinpoint exactly where the problem occurred. Products may be considered defective or dangerous for three reasons:
- Design defects create an innate flaw in the design;
- Manufacturing defects occur in products during manufacturing or a defective part is used in construction; and
- Marketing defects refer to insufficient instructions or warning labels.
Because the dangerous aspect of the product might occur at any point from conception to commerce, all the parties involved in designing, making, and selling the product should be included in your suit. Since in some circumstances you can sue a complaint for a defective product even if you are not the buyer, not the user, or bought the product second hand, this can be extremely difficult. A dangerous product lawyer can help you track down all the parties involved.
Can a retailer be held liable for defective products?
If tracing the entire chain of distribution is essential, obviously a retailer can be held liable for defective products. Although the product’s defect may not, strictly speaking, be the direct fault of the retailer, their company still spent time and money to market and provide shelf space for the product, not only making it possible for but actually encouraging it to arrive in a consumer’s home. Additionally, some products may have a known recall, which can impact a retailer’s role.
When it comes to second-hand or used purchases, there are legal repercussions you can take, but this is extremely dependent on circumstances. For example, if you purchased a microwave from a yard sale and it promptly exploded, you can trace the manufacturer and designer and file a suit against them, but it is unlikely the little old lady hosting the yard sale will come into the suit. On the other hand, if you purchased an exploding microwave from a second-hand appliance store, that retailer would likely be more liable than the yard-sale lady.
What constitutes sufficient reason to begin a lawsuit for a defective product?
Another vital piece of information a product liability lawyer can give you is this: just because you suspect a product is damaged, defective, or might cause injury does not mean you can sue a complaint for defective products. Whether you bought the product, only used the product, or were a bystander during the use of the product, you still have to suffer some form of injury before you can actually begin a lawsuit to recover damages.
For example, say a woman purchased a medication from her pharmacy. It had no contraindications for females, but when she used it, unforeseen side effects specific to women for which there were no warnings occurred. She could reasonably file a claim to recover damages. Let’s say alternatively, the same woman purchased a TV. Something about the plug looked strange and suggested to her a fire might result if she plugged it in. Knowing this, she did not plug it in, and so no injury, physical or financial, occurred. Thus, she has no damages to seek and cannot file a suit.
Missouri Product Liability Injury Lawyers
If you have been injured by a damaged or defective product, the experienced attorneys at Missouri Injury Recovery are ready to help you get the compensation you deserve. We know what product liability law is, and we will figure out who is liable if you are injured by a defective product. Find out what your case is worth! Call (866)695-6318 today to schedule a free consultation or visit our website, www.missouriinjuryrecovery.com/.
