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Product Liability Attorneys in Joplin, MO
If a defective product or household gadget has injured you, you might have a valid product liability case/claim.
A product liability claim in Missouri allows you to seek legal relief if you discover a product you purchased was defective or dangerous after using it appropriately. The beauty of product liability cases is that you can file a claim against anyone in the supply chain for the specific product, including the manufacturer, distributor, supplier, or retailer, and get compensation for the harm you’ve suffered.
Understandably it could be overwhelming to figure out how to proceed with your claim and how to successfully establish your case in court. In such instances, you can turn to a reputable personal injury lawyer in Joplin, Missouri, for help.
Personal injury lawyers focus their legal practice on representing clients who have suffered physical harm or property damage due to the actions of others. They work to ensure that the victims of such acts are adequately compensated by those responsible. Their knowledge and experience of Missouri personal injury law allow them to assess your product liability claim and help you determine the next steps.
Types of Product Liability Claims in MO, Joplin
Product liability claims generally fall within four broad categories as follows:
Manufacturing Defects
Sometimes there might be errors in the manufacturing process for a product that is generally safe to use. Such errors are known as manufacturing defects and are usually confined to specific batches of the product.
Manufacturing defects may take several forms depending on the nature of the product. For example, a product that requires assembly might be missing one of its parts or have a screw that doesn’t fit, making it impossible to use. For consumables such as drugs, or food items, a manufacturing defect can occur when the product gets contaminated with an unsafe component during production.
Using such products puts the consumer in harm’s way and could be a ground for product liability litigation.
Failure to Warn
If a customer purchases an item and is not adequately instructed on the proper use of the product, then the manufacturer or seller may be liable for any damage the customer suffers.
For example, producers of over-the-counter medication are required by the Food and Drug Administration (FDA) to attach a ‘drug facts label’ to each drug. The drug facts label should show specific information, including the product’s active ingredients, uses, and specific warnings about its usage. A drug manufacturer who fails to meet this requirement would likely be liable for product liability if a person experiences any side effects after using such drugs.
Design Defects
Design defects usually occur at the invention stage of a product due to a flawed design. Such defects affect all products manufactured from the defective blueprint. They can cause harm even when the product is being used appropriately.
Unlike other product liability claims that can be brought against anyone in the supply chain, design defect claims are usually against the manufacturer.
Breach of Warranty
Some products, such as electrical appliances or gadgets, have written warranties. These warranties assure the consumer that the product fits the required purpose.
Where the product fails to meet the claims contained in the warranty, a breach of warranty has occurred, which may be a strong basis for a product liability claim.
Even if there is no written warranty, it is only natural that you expect a product you have purchased to work. The law protects you in such circumstances by providing that goods sold must be fit for the ordinary purposes for which such products are used. So if you’ve purchased a product that doesn’t work despite your best efforts, you might still be able to sustain a breach of warranty claim. You can speak with a skilled product liability lawyer to assess your case and determine the strength of your claim.
Factors That Affect Compensation in Products Liability Cases
The compensation you can get in a product liability case depends on whether you contributed to the damage you suffered.
In the past, compensation in product liability cases in Missouri was based on whether the plaintiff’s contributory fault was established. During that time, a plaintiff shown to have contributed to the damage they suffered would not be compensated, and the defendant would walk free. That law has been abolished, and Missouri currently operates on the doctrine of ‘pure comparative fault.’
‘Pure comparative fault’ means that a person’s contribution to the damage they suffered does not invalidate their claim but only affects the amount they can get.
A plaintiff is at fault if they:
- Fail to use the product as specified or reasonably anticipated by the manufacturer
- Use the product for a purpose not anticipated by the manufacturer
- Use the product in a dangerous manner
- Fail to take reasonable precautions while using the product
- Fail to minimize the extent of their injuries or the damage they suffered.
If the defendant can establish any of these factors in your case, the money you’ll get will be reduced even if you’ve spent more than that on your medical treatment.
Settlements in Product Liability Cases
Settlement in product liability cases is common. If the manufacturer behind the product is trying to avoid the backlash of publicizing the defect in their product, they may opt for this route. They also offer settlements because it is typically cheaper for the company than a drawn-out lawsuit.
However, several companies may try to arm-twist the personal injury victims into accepting meager compensation. If you accept such an unfavorable settlement, you could lose the right to pursue your claim in court. If you’ve received a settlement offer from a liable party, get your product liability lawyer to review the terms first and advise you accordingly.
How Product Liability Attorneys Can Help
Product liability is a complex legal topic and may require legal knowledge and experience to resolve. In most cases, the parties you’re up against have extensive legal resources to defend them against your claim. You need to be able to match them by getting a product liability lawyer to represent you and protect your interests until you achieve your goal.
Product liability lawyers can improve your chances and make your case easier in several ways, including the following:
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They can review your case and help you decide on the ideal legal strategy that would lead to the most beneficial outcome for you.
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If you’ve been offered a settlement, your lawyer can review the settlement terms on your behalf and help you renegotiate better terms if necessary.
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Your lawyer can also represent you throughout the hearing and work to establish your claim before the judge.
Having a product liability lawyer to represent you means you have a formidable ally to help you achieve a positive outcome. You can rest easy knowing you’ll not be left alone to bear the consequences of a manufacturer’s mistake.
Get Help From Experienced Product Liability Attorneys in Joplin
If you have further questions about personal injury claims, product liability litigation, or a related legal issue, you can contact the law firm of Buchanan, Williams & O’Brien PC. We are a reputable firm of personal injury attorneys with over firm 40 years of practice experience and are highly rated by independent platforms such as Super Lawyers for outstanding legal service delivery.
We understand the difficulty associated with product liability cases and how much your finances would have suffered, in addition to your physical injuries. We can answer your questions and help you start the compensation process.
As part of our commitment as fierce advocates for clients’ rights, we offer a free first consultation where we can assess your case and formulate an appropriate strategy to get you the compensation you deserve.
Contact us today to schedule your free consultation. We’d be glad to guide you as you take steps to get paid for your losses.
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