Defective Products Claims
Missouri Defective Product Attorney
Defective products can cause serious and sometimes permanent injuries. As a result, hundreds of products are recalled by the Consumer Product Safety Commission every year. These products include thousands of various types of consumer products. Claims made as the result of a defective product can be complex and difficult. It is important that the injured party or their family hire the right Missouri defective product attorney to hold the manufacturer of the defective product responsible for their injuries. If you, one of your family members, or friends have suffered an injury in Missouri as a result of a defective product, you (or they) may be entitled to compensation for the suffering or loss.
Product Defects Causing Injuries
Defective products come in many forms. The following are some examples of products which, when defective, can cause serious injury or death:
- Medical Devices
- Baby Products
- Work Equipment
- Home Products
You can find information on over 4,000 product recalls and recall alerts of these and other types of consumer products through the Consumer Product Safety Commission website.
Different Types of Product Defects
A product may be defective for a number of reasons. It may be that the product has an inherent defect in its design. Without a change in design, the product is inherently dangerous. Frequently, qualified experts must be retained to explain how a safer design of a product may have helped avoid injury.
There are also times when a product has a manufacturing defect. In other words, the product may have been made with substandard materials or labor making it unsafe when it leaves the plant.
Perhaps the product is unsafe because the manufacturer failed to warn of a dangerous condition when they knew or should have known of the propensity for harm. Many products can be made safer simply by posting a simple notice of hazards from use of the product.
Chain of Manufacture and Distribution
Product liability claims can be brought not only against the maker of the product but also against others in the production chain. Often, claims are also brought against designers, marketers, distributors and sellers.
Any Missouri defective product attorney must know the different types of legal liability which may apply to defective products. These include claims for negligence. Under this theory, the injured party must show that their injury resulted from some negligent or careless act on behalf of the defendant which made the product unsafe. In other words, the wrongdoer had a duty to act with a certain level of care and failed to, thereafter causing injury from the product.
Liability may also be based on a breach of warranty. A breach of warranty means that the producer failed to keep a promise to the consumer which was contained in labels or other sales documents. In other words, the product fails to live up to the guarantees that the maker provides and, as a result, injuries are sustained from the product.
There is also strict liability. Under this theory, the manufacturer of the product may be held responsible for injuries or damages caused by the product regardless of what safety steps were taken by them. The product may be determined inherently dangerous by its very nature.
The State of Missouri also has product liability statutes which are designed to protect the consumer from serious injuries sustained by defective designs, products or warnings. Despite these protections, product defects are still responsible for numerous personal injuries and deaths.
No Fee If No Recovery
Whether it be injuries from a defective drug, vehicle, machine, device or product for children, contact attorney John M. Cichelero. Your claim will be handled on a No Fee if No Recovery basis. If you would like to discuss your claim with Mr. Cichelero, please email or call toll free at . He handles cases in St. Louis City, St. Louis County, Jefferson County, St. Francois County, Franklin County, Washington County, Lincoln County, Madison County, Kansas City, Jackson County, Greene County and any other county or city within the State of Missouri.