How to Prove a Defective Product Lawsuit

In Missouri, most product liability claims rely on the presence of strict liability rather than negligence. Under this legal standard, manufacturers are strictly liable for any injuries that their products cause. The victim does not need to prove negligence or wrongdoing on the part of the manufacturer in order to recover compensation.

To secure compensation in a defective product lawsuit, you will need to prove the following facts.

  • The product is defective in its design.
  • You were injured or experienced harm.
  • The design defect caused your injury.
  • You were using the product as the manufacturer intended.

For example, say that you suffer serious burn injuries after your shirt catches fire suddenly and unexpectedly. After consulting with an attorney, he or she enlists the help of expert witnesses who analyze the clothing item. Through their analysis, you discover that the shirt is made out of an unduly flammable material and put you at a higher risk of catching fire.

In this situation, the shirt is defective in its design due to its material. You suffered burn injuries, which you can validate with evidence like medical records, photographs, and witness statements. If the shirt had been made of a safer material, the injury would not have occurred. As long as you can prove that you did not intentionally or recklessly burn the shirt, you can establish that you used the product as intended.

Spencer Eisenmenger
Helping Kansas City area medical malpractice, product liability, birth injury and personal injury clients.