St. Louis Product Liability Lawyer

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For those harmed by a defective product in Missouri, our St. Louis product liability lawyers can help you receive the compensation you may be entitled to under the law. Either the person who was injured or the family of a person who has died as a result of a defective product can file a products liability claim.

Why Hire Miller & Hine For Your Product Liability Case?

Our lawyers have a thorough understanding of product liability in Missouri, and how to effectively litigate complex damage cases. We help our clients recover financially from the loss of sustained and serious injury and wrongful death caused by defective products. We provide compassionate, dedicated, and committed representation to our clients, and develop each case fully to allow our clients to receive the justice they deserve.

At Miller & Hine, our St. Louis product liability lawyers firmly believe that companies who don’t follow the law must be held accountable. If you have been injured by a defective product, inadequate warning against hazards, or by other deficiencies in design, manufacture, distribution, and instruction, contact our firm for a free consultation.

What Is Product Liability?

A product liability case can arise with the use of any product. A product is anything that is sold, except services and real estate. Machinery used in the office, in industry, in the home, or on the farm are the most common causes of personal injury and product liability litigation. The same is true of drug products sold over-the-counter or by prescription, food products sold in restaurants, and groceries sold in supermarkets.

Missouri law requires that manufacturers and sellers of products ensure that their products are not defective or dangerous to users. Companies must provide proper warning if using the product is unsafe or if using the product in a certain way could be hazardous to the user’s safety or health. Many of the injuries or deaths that are the result of defective products could have been avoided if the manufacturers used better design and the sellers abided by the laws to properly warn users of such dangers.

st. louis product liability lawyer

What Damages Can I Recover Through a St. Louis Product Liability Claim?

There are two general categories of damages that you may recover through a product liability claim:

  1. Compensatory Damages
  2. Punitive Damages
  3. Compensatory damages are intended to compensate a victim for their losses. These damages are awarded to help the injured person pay for medical bills and other expenses and losses related to their injury, including:
  4. Economic damages, meaning money lost as a result of their injuries. This might include lost wages if the victim is unable to work, or out-of-pocket medical expenses, such as the cost of medication or medical devices.
  5. Non-economic damages for pain and suffering, inconvenience, and loss of enjoyment of life.

Punitive damages, as the name suggests, are not meant to compensate the victim, but rather to punish the wrongdoer and deter others from engaging in similar conduct. To receive punitive damages, you must typically prove to the court that the defendant’s conduct was egregious and outside the bounds of what we consider acceptable in our society.

What Is the Strict Liability Standard for Manufacturers?

Most St. Louis personal injury cases rely on the injury victim proving another party’s negligence. For example, in a car accident claim, an injury victim must show that the other driver caused the accident by careless or reckless driving. In a defective product claim, however, it’s not necessary to prove that a manufacturer acted negligently. Manufacturers are under the strict liability standard, which holds them accountable for any harm to consumers who use their product appropriately, or in a manner the manufacturer should have reasonably presumed they would use it. Instead of proving that negligence occurred, the victim of a defective product injury must show that the product had a design defect, manufacturing mistake, or marketing error that caused their injury. Then, they must show evidence that they sustained economic and non-economic damages from the injury.

Who Can Be Held Liable in a St. Louis Defective Product Claim?

We expect the products we purchase to be safe and reliable, but when one causes us a serious injury with significant damages, the liable party must provide compensation for the economic damages and pain and suffering caused by the injury. An experienced personal injury attorney can investigate the circumstances of the injury to determine where liability lies. In most defective product cases, one of the following entities is liable for damages:

In some cases, more than one party may be liable in a defective product injury claim. The law requires that manufacturers take reasonable care to make certain their product is safe for consumers when used appropriately or in a way that the manufacturer could have reasonably anticipated a consumer might use it. It must also have a sufficient warning label, directions, and instructions for use. Failing in any of these reasonable measures leaves the party at fault liable for damages.

In some cases, a manufacturer may argue that the victim’s injuries weren’t caused by the product, that they used the product in a way the designer never intended, or that they understood that the product was dangerous in the way they used it, but they used it anyway. An experienced attorney knows how to anticipate and counteract these common tactics used to deny or undervalue a defective product claim.

Time Limit to File a Defective Product Liability Case

Missouri has a generous statute of limitations for filing defective product claims. Injury victims have up to 5 years from the date of the injury to file a lawsuit. This typically allows ample time to investigate the injury, determine liability, and make a compelling argument for a settlement from the at-fault party’s liability insurance. In the event that the insurance company doesn’t offer an acceptable settlement, the injury victim can file a lawsuit to argue the case in court as long as they are within the 5-year time limit.

If some time went by before the victim realizes that they’ve been injured by a product, the five-year time limit begins on the date of discovery according to the discovery rule. Minors who sustain a product injury have 5 years from their 18th birthday in which to file a claim.

Types of Product Defects

Despite safety testing that is required before a product is made available to the public, a defective product can be sold and injure scores of people. The three general ways in which a product can be defective are:

  1. A design defect – a fault in the way the product was designed
  2. A manufacturing defect – a mistake made when manufacturing the product
  3. A warning/marketing defect – an error in the way the product was marketed to the public, most often involving a failure to warn the public of the risks associated with use of the product

Unsafe and defective products pose a serious risk to the health and safety of the public. By holding product manufacturers and suppliers accountable, product liability cases improve the safety of all citizens.

At Miller & Hine, we represent the seriously injured, and in the most tragic cases, we handle wrongful death claims. Our team of experienced personal injury lawyers is committed to helping our clients achieve the justice they deserve.

Common Injuries Caused by Defective Products

Unsafe and defective products pose a serious risk to the public. The use of a defective product can result in serious injuries, such as:

In addition, unsafe and defective products can give rise to fires and other hazardous conditions that can harm others besides the person using the product.

At our law firm, we fight for people in Missouri who have been injured by unreasonably dangerous and defective products. Our goal is to hold the wrongdoers accountable for their negligence and recover the maximum amount of compensation available for our clients.

Common Types of Defective Product Claims

We use hundreds of products in our daily lives, from the shower we step into in the morning to the crib we place a sleeping baby into at night. If one of the products you’ve used caused serious injuries with resulting damages like medical expenses and lost earnings, you can file a product liability claim to recover your damages. Common defective product claims include the following:

Nearly any product can have a manufacturing mistake, design flaw, or marketing oversight that leads to serious injury to a consumer. If a defective product caused the death of a loved one, your family could recover wrongful death compensation and a sense of justice through a product liability claim.what to do if you were injured by a defective product

What to Do If You Were Injured by a Defective Product

 

Whether the product’s design was flawed, a defect occurred during manufacturing, or the product’s warning label wasn’t sufficient, if you or a loved one suffered an injury from a defective product, taking certain steps immediately after the injury can help you later in a defective product claim. Use your cell phone yourself, or hand it to an uninjured person to use for you, and then do the following:

Be sure to save the product packaging as well as the product. If you have the receipt, keep it for your records.

At the emergency room, ask for a full evaluation and a detailed medical report. Keep track of all of your medical expenses and keep a journal detailing your pain and any changes in your normal routine or lifestyle caused by the injury.

Call a St. Lois defective product lawyer to set up a free consultation about your claim before communicating with any insurance companies.

How a Product Liability Attorney Can Help

It takes an in-depth investigation with meticulous attention to detail to make a compelling claim for compensation in a Missouri product liability case. Your defective product attorney from Miller & Hine will investigate all aspects of your injury and the design, manufacturing, and marketing details of the defective product. Then, a product liability lawyer from Miller & Hine will carefully calculate your damages by examining your medical records and medical bills, reviewing your lost wages, and consulting with medical experts to determine your anticipated future expenses. Medical experts also assist in determining the extent of pain and suffering you are likely to experience until you reach the maximum medical improvement for your injury.

An experienced product liability attorney then sends their findings to the manufacturer and their liability insurance company in an evidence-backed demand package. Once the defendant and their insurance company review the demand letter, negotiations begin. Your attorney from Miler & Hine will do the following:

If your St. Louis product liability case requires court, your attorney will ensure that you are well-prepared for the process and present a compelling case to the jury seeking a positive verdict and substantial award for damages.

Call the St. Louis Defective Product Attorneys at Miller & Hine

Defective product claims are complex and require careful handling. Instead of taking on a challenging legal endeavor alone or leaving your claim in the hands of powerful manufacturers and their profit-protecting insurance companies, reach out to Miller & Hine, the Missouri product liability attorneys who will tirelessly defend your rights by demanding financial accountability for your damages.