Legal Rights and Options After Being Injured by a Defective Product
Defective consumer products and goods injure hundreds of people in the United States every year. Manufacturing companies and distributers are legally obligated to ensure a product is safe before putting it in consumers’ hands, but mistakes can slip through the cracks. When a manufacturing error, design flaw, or inadequate warning lead to consumer injury, product liability laws come into effect. If you or a loved one have been injured by a defective product, contact an experienced Kansas City product liability attorney for an initial legal consultation.
Missouri Product Liability Laws
Product liability laws assign legal responsibility to parties involved in the manufacturing of a product when a defective or inherently dangerous product causes damage or injury. The most common claims associated with product liability laws in Missouri are strict liability, breach of warranty, and negligence.
In most personal injury cases, the plaintiff must show proof that the defendant in some way acted negligently and that this negligence caused an injury. Strict liability cases are different in that an injured plaintiff only has to prove a defective product caused the injury. Plaintiffs don’t have to prove the manufacturer was negligent, nor do they have to find the source of the error. Strict liability holds the manufacturer responsible for damages any time a defective product causes an injury.
Breach of warranty refers to when a seller fails to uphold a promise or claim made about a product. Manufacturers may have warranties that are implied or express. Negligence claims require that a plaintiff prove a manufacturer failed to uphold a duty it owed to the plaintiff and that this failure resulted in an injury. If a plaintiff can prove these two things, he or she can obtain financial compensation from the manufacturer. An experienced Kansas City personal injury attorney can help you fight for the compensation you deserve.
Options for a Defective Product Claim
Defective products can cause a variety of injuries. Examples of defective product cases include a seatbelt that doesn’t latch properly, a toaster that catches on fire when used, and a child’s toy with no warning label that shocks children if the battery pack gets wet. It’s easy to see how defective products can easily lead to catastrophic auto accidents and injuries. Luckily, consumers can sue responsible parties for compensatory and punitive damages, such as medical expenses, pain and suffering, lost wages, and property damage.
There are three main categories in which every defective product case fits:
- Design defects. The original design of a product is flawed, making the product inherently dangerous.
- Manufacturing errors. Mistakes during assembly or production make the product defective and dangerous.
- False advertising. A manufacturer fails to provide adequate warning labels describing the risks of using a product.
Defectively designed products might be a car that rolls over because of a misjudged center of gravity or sunglasses that don’t protect from ultraviolet rays. An example of a manufacturing error is cough syrup that’s contaminated with a poisonous substance during production. False advertising could be a child’s toy with no warning label indicating that it’s only safe for children older than seven.
Deciding who is responsible in a defective product claim can be difficult. The defendants in a product liability case can be the manufacturer, retailer, or distributer. The defendant might be a large corporation, a foreign company, or a private seller. To pursue a legal claim against a manufacturer for a defective product injury, enlist the help of a lawyer who specializes in product liability.
Your Experienced Product Liability Attorneys
If a defective or dangerous product injured you or a loved one, you have the right to sue the manufacturer, distributor, or retailer for financial compensation. One of the founders of Fowler Pickert Eisenmenger Norfleet, Spencer Eisenmenger can investigate your accident, gather evidence against a negligent manufacturing company, and argue your case in court. Whether you weren’t properly warned of a household cleaner’s health risks or a defective car part caused your accident, we’ll come up with a solution. Contact us today to request a free consultation.