Can I Sue for Defective Products that Injured Me?
March 31, 2016
Have you or a loved one been injured as a result of a faulty product? It is possible St Louis Product Liability Lawyer to get compensated for any injuries. Personal injury law was established to protect persons harmed by the actions or in-actions of other people.
One of its most prevalent claims is that of defective product liability. Learn more about working with a St. Louis product liability lawyer if you’ve been hurt by a defective product.
Basis for Product Liability Law
Product liability arises after a consumer is injured by a faulty product in the course of using it as reasonably expected.
Consumers have a right to expect that the products they use are designed, manufactured, and stored safely. If products are potentially dangerous, even when used ordinarily, manufacturers should take all steps necessary to warn us of the dangers posed.
Product liability arises because not all companies involved in the manufacturing and distribution of products follow/operate by these standards of care. Manufacturers, distributors or retailers that fail to create safe products or to warn consumers of potentially dangerous products, must be held responsible for their actions.
St. Louis Product Liability Law
Under Missouri Statute Section 537.760, a product liability claim arises when a defendant wherever situated in the chain of commerce, transfers a product in the course of business and the product was used in a manner reasonably expected by an ordinary consumer who then suffers injury.
The law establishes three tests for personal injury:
That the defective product was transferred by the manufacturer, distributor or marketer as defective before being marketed to the consumer
That the consumer used it as expected of him/her ordinarily
That he/she suffered injury as a result
It doesn’t matter where the company manufactured, distributed or marketed the product is located, as long as it was defective from the onset and caused injury to an ordinary consumer. By these standards, that company is liable.
It also doesn’t matter if the product is naturally dangerous in the first place, as long as injury was occasioned in the course of its ordinary use.
For example, if a power saw or kitchen knife was used in an appropriate manner but still caused injury because of a defect, the victim has a claim against the manufacturer for product liability.
Types of Product Liability
The law recognizes three types of product liability:
Defective design – This is where the product was designed with a built-in defect which made it dangerous for ordinary consumers, even if the product’s manufacturing or assembly was done correctly.
Manufacturing defect – When a product was not manufactured following strict safety specifications, a manufacturing defect arises. This is also the case where the product was built or assembled defectively.
Defective marketing – When a manufacturer fails in his duty to either provide reasonable warning of the potential harm that can be caused by the product or safety instructions for proper use of the product.
Proving the existence of a defect is an involved process that requires the adducing of substantial evidence, witness testimonies and expert statements, all corroborating with the victim’s case.
Additionally, because you are the one claiming injury occasioned by a defective product, the burden of proof is on you to not only prove that the product was defective before it was marketed to you, but that you used it as ordinarily expected and that that you suffered injury as a result.
What Should You Do After Being Injured by A Defective Product?
If you are injured as a result of a defective product, you should seek medical attention for your injuries right away.
Keep the defective product handy in case you need it to corroborate your statement in later investigations.
Keep all receipts and invoices for proof of the losses suffered as a result of injury including wages and medical invoices.
Remember to write down everything you remember from the purchase of the product to the injuries sustained to back up your claim if your case were to ever see the inside of a courtroom.
Contact a St. Louis Product Liability Lawyer
Defective products can result in mental and physical suffering for you and your family. Thankfully, the law provides for the recovery of damages for your suffering and lost earnings.