Every day we use countless products, from the time we wake up until we go to sleep. Some of the products we use out of necessity, while others simply make our lives more comfortable or enjoyable. Unfortunately, sometimes these products fail in their purpose and cause injuries. It is more common than you may think for a dangerous product to injure someone in St. Louis, Missouri – and in those cases, a defective product attorney can help victims pursue justice.
While companies often defend these cases by claiming the consumer misused the product or did not read the instructions, there are often other similar incidents (OSI). The attorneys at MHM have the experience and knowledge to investigate the cause of a product defect. We’re prepared to guide you through the basics of Missouri defective product law and how you can protect yourself in the event of an accident.
What is Missouri defective product law?
To successfully hold a company responsible in a Missouri product liability lawsuit, there are certain elements that must be proven. Product liability claims are primarily governed by the legal theory that companies are strictly liable. A defendant, whether a manufacturer, distributor or retailer who transferred a product in the course of business, could be held responsible for an injury due to the defective product. Additionally, the product must have been in a defective condition or unreasonably dangerous at the time the product was sold.
In order for a product liability claim to be viable, it must meet these specifications:
- The defendant, wherever situated in the chain of commerce, transferred a product in the course of his business; and
- The product was used in a manner reasonably anticipated; and
- Either or both of the following:
- The product was in a defective condition and unreasonably dangerous when put to a reasonably anticipated use, and the person was damaged as a direct result of the defective condition that existed when the product was sold; or
- The product was unreasonably dangerous when put to a reasonably anticipated use without knowledge of its characteristics, and the person was damaged as a direct result of the product being sold without an adequate warning.
How do you know if a product is dangerous?
Understanding if a product is defective can be difficult; however, you can try to avoid a product-related accident by checking recall databases. Government agencies and manufacturers often issue recalls to protect the public from dangerous products. The U.S. Consumer Product Safety Commission (CPSC) has jurisdiction over more than 15,000 consumer products, including power tools, electronics, household items, toys, appliances, exercise equipment and others.
The CPSC often releases recalls on their website. Various government agencies with differing jurisdictions also created www.recalls.gov as a central database for U.S. government recalls. If you have a safety concern with a consumer product, you can also report an incident to www.saferproducts.gov
Why should you call us?
At MHM, our attorneys have represented numerous people who were injured by defective products. Most notably, we received a $19.5 million verdict against General Motors (GM) due to a defective parking brake. Additionally, we also successfully recovered over $1 million for a client whose hands were injured by a defectively designed punch press machine and obtained a significant settlement against a manufacturer of a power tool that left our client nearly blind in one eye.
With nearly 70 years of combined experience, our attorneys are well-versed in product liability law and are prepared to help you get back on the road to recovery. If you believe that you or a loved one has experienced an injury due to a defective product, contact a defective product attorney at MHM for a free consultation.