Kansas City, MO Defective Design Attorneys

When it comes to product liability cases, there are typically two major categories. The first refers to inadequate warning or a failure to warn, while the second involves inherently defective design or manufacturing. The latter is the cause for hundreds of thousands of claims each year in the United States and is important for every consumer to understand with the help of an injury attorney.

The Mindset of Major Corporations

For large consumer product corporations, the mindset is almost always the same: produce a product for as cheap as possible, while marketing it as high quality as possible. In some cases, the cheapness of a product has no effect on its overall safety. However, in other situations, this tendency to cut corners and slash costs – as opposed to producing a well-made, safe product – can cause physical or emotional harm to consumers.

Examples of Defective Products

Some examples of defective products include the following:

• A swing set comes with a chain that does not properly clasp into the outdoor swing set. As a result, the swing detaches when used at a particular angle. In certain situations, this leads to children breaking their arms or sustaining other injuries.
• A pocket knife with a built-in safety feature designed to keep the knife from suddenly closing frequently malfunctions and ends up causing a deep cut to the user’s thumb.
• The child lock on a car’s backseat door fails to properly lock and allows a child to open his door while the car is in motion. The child falls from the car and sustains serious bodily injury.
• A bicycle is manufactured with two handbrakes which are designed to stop the bike when pressed. A child is riding her bike when the braking system fails to work and causes him or her to run into a brick retaining wall.

The Elements of a Successful Defective Product Liability Claim

While defective product liability cases may seem simple and straightforward, there are actually a number of elements that must be present in order for a claim to be brought. Without proving all four of the following elements, it is very rare that a positive verdict will be reached.

• The product is defective. The first and most obvious element involves the product itself. Is there something inherently defective or wrong with the product’s design or manufacturing? While this may seem to be the most straightforward, this is typically one of the most difficult aspect to prove.
• You were injured/suffered loss. Secondly, you must prove that you were injured or suffered some type of loss. While this can be anything from a mild injury or illness to something catastrophic and life threatening, it typically must be significant enough to be noteworthy.
• The defect led to your injury/loss. Connecting the first two elements, you must prove that the product’s defect was the cause of your injury, suffering, or loss. While you may have suffered an injury while using a product, there must be a direct correlation between the two in order to have a claim.

You were using the product as intended. The final element – and the one that most often derails cases – involves how you were using the product when you were injured. Were you using it as it was intended to be used or were you acting out of accordance with the product? For a claim to be successful, the product must have caused injury while being used as intended.

Getting Help with Your Case

If after reviewing the four elements of a defective product liability case you believe you may have a claim, it’s important to contact a St. Louis personal injury attorney as soon as possible. You may be entitled to significant compensation for your pain and suffering.