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Product Liability Lawyers in Springfield
Product liability law regulates liability claims against manufacturers, distributors, and retailers brought by consumers.
The law holds these parties accountable for any harm or injury caused by a defective product, whether due to a manufacturing defect, design defect, or inadequate warning or labeling.
The burden of ensuring product safety lies squarely on the parties that profit from the sale of goods rather than on consumers. Consumers are, after all, often unaware of the potential product risks.
Injured consumers can use product liability law to get compensation for the harm they have sustained. A product liability claim is typically handled by a product liability lawyer or a personal injury lawyer to help you recover damages.
Compensation may include:
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Medical expenses
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Lost wages
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Pain and suffering and
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Other damages caused by the defective product.
Have you suffered harm or serious injury from a defective product? Contact our Springfield, MO, product liability lawyers at Buchanan, Williams & O’Brien. Achieving settlement in product liability cases may be more challenging than you think. Our highly-qualified attorneys can help.
Missouri Product Liability Law
The Missouri Revised Statute §537.760 stipulates that anybody involved in the distribution chain can be liable for injuries sustained by a consumer from a defective product. Products that qualify for product liability claims in Missouri include automobiles, medical devices, and children’s toys.
Under product liability law, your claim needs to establish the following:
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Your injuries were sustained from the defect,
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The defect was unreasonably dangerous, and
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The defect existed at the time it was sold.
That said, you may fail to receive full compensation if the defendant can prove any of the following:
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You did not use the product as reasonably anticipated
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Your injuries or damages were caused by something other than the product.
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You were warned about the product’s danger and voluntarily took the risk.
Injuries resulting from the consumer’s incorrect use of the product may still be eligible for compensation. This requires that the use was reasonably anticipated.
How Product Liability Claims Work
In Springfield, MO, there are three avenues to pursue a defective product claim. These avenues are:
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Strict liability
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Negligence
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Breach of warranty
Strict liability would hold liable any or all parties that produced or sold defective products that put the consumer in unreasonable danger, even if they used all possible care in manufacturing, distributing, or selling the product.
In negligence claims, the plaintiff must show that their injury resulted from the manufacturer’s or seller’s negligence.
Breach of contract is used when a consumer sustains an injury because the seller did not fulfill their obligations as set in a contract.
A strict liability claim may be the most favorable for plaintiffs as it doesn’t require evidence of negligence or contract breach.
Types of Product Liability Claims
Product liability claims typically fall into the following categories:
- Manufacturing defects: The product was not manufactured to the required safety standards.
- Design defects: The product’s design is dangerous or defective. Even where the product has no manufacturing defect, it is still dangerous to consumers.
- Failure to adequately warn: The product’s potential risks were not marketed to the consumers.
- Labeling Defects: The product should have been more adequately labeled to protect consumers.
Damages in Product Liability Cases
Product liability compensation depends on the extent and severity of injuries. It also depends on the damages suffered.
Economic damages may include:
- Past and future medical expenses,
- Lost earnings,
- Loss of earning capacity
- Loss of services provided for the family
Non-economic damages could include:
- Pain and suffering,
- Mental anguish
- Physical impairment
- Loss of enjoyment of life
Punitive damages are sometimes enforced. The aim is to punish the defendant and deter similar actions in the future. This is limited to particular instances of malicious or grossly negligent behavior.
Missouri Statute of Limitations for Product Liability Claims
The statute of limitations for product liability claims in Missouri is five years from when the injury occurred.
The countdown starts after personal injuries are sustained and identified. Sometimes, it may start when the sustained injuries should have been identified.
Should You Hire a Lawyer for a Product Liability Claim?
Product liability claims are usually complex. You need to demonstrate the cause of your injuries and the extent of the damages sustained. You must also prove that you used the product as advertised. Without this, you will not receive fair compensation.
Experienced product liability lawyers can provide invaluable assistance. An attorney can help you to gather evidence and negotiate an out-of-court settlement. If necessary, they can sue to get the compensation you deserve.
Look for a reputable firm with specific experience in significant product liability claims, and make sure they have a successful record in the field.
Buchanan, Williams & O’Brien in Springfield Can Handle Your Product Liability Claim
Our Missouri lawyers at Buchanan, Williams & O’Brien can fight on your behalf. We have the legal experience and big-game temperament to see your case through. We are not intimidated by corporate lawyers and resources.
Our firm has recovered millions in personal injury claims and will work to recover compensation for you as well. We take on product liability cases contingently, meaning you only pay us if we win.
Contact us for a free consultation if you have suffered an injury from defective consumer products. We want to assist you in recovering fair compensation.
Frequently Asked Questions
What Is an Example of Product Liability?
A merchant or someone else in the production chain can be sued for a defective product. For example, the Takata airbags manufacturer and several car manufacturers were held accountable for the explosive Takata airbags that led to hundreds of injuries and 16 deaths.
Note that all production chain players can be sued under product liability.
How Long Does a Product Liability Case Take in Missouri?
Depending on the claim’s complexity, a product liability case in Missouri can take anywhere from a few months to years.
What is Strict Liability?
A manufacturer or seller may be held liable if their product was in an unreasonably dangerous defective condition when it was sold, or they didn’t give adequate warning about the product’s potential risks.
It is not necessary to prove the defendant’s duty of care breach or negligence.
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