All types of companies have a legal duty to ensure the safety of their products. If a consumer is injured by a defective product, the manufacturer of that product could be held liable for damages related to the injury, such as medical bills, lost wages, and pain and suffering. If you have been injured by a defective product, you could have grounds for a product liability claim against the manufacturer, the retailer, or another party. At Steelman Gaunt Crowley, our Missouri defective product injury lawyers help our clients take legal action against negligent companies who release defective products. Give us a call today at (573) 341-8336 to discuss your case in a free consultation.
What Is a Product Liability Claim?
When someone is injured by a dangerous or defective product, they may have grounds for a product liability lawsuit. Most of these lawsuits are filed against either the manufacturer of the product or the retailer who sold it. Unlike most other types of personal injury claims, there is no requirement to prove negligence in a product liability claim. According to the American Bar Association, product liability claims fall under strict liability. The plaintiff and their personal injury lawyer only need to prove that the product did not meet consumer expectations by either not functioning as advertised or by having an unexpected danger or defect that puts customers at risk of injuries.
There is no federal law on product liability. Rather, these claims are governed at the state level. In Missouri, Section 537.760 of the Revised Statutes of Missouri outlines the requirements for filing a product liability claim. According to this statute, a product liability claim may be filed if the following conditions apply:
- The person or company sold the product as part of their business.
- The product was used in a way that was reasonably expected or anticipated.
- The injury occurred because either:
- The product was defective and dangerous when it was sold and the defect caused the injury, or
- The product was dangerous when used in a way that was reasonably expected, but the person using it did not know about the danger because there was not a proper warning.
What Are the Different Types of Product Defects?
Product defects generally fall into one of three categories: design defects, manufacturing defects, and marketing defects. All three types of defects can result in serious injuries to consumers.
Design Defects
A design defect is an inherent problem with the product that makes it dangerous, rather than a defect caused by a mistake during the manufacturing process. A design defect usually means that all units of the product share in the defect and are unsafe for use. A company may be held liable for a design defect if the design creates a foreseeable risk and endangers consumers when the product is used as intended. To file a successful product liability claim based on a defect, the plaintiff must show that the risk of injury could have been avoided if the manufacturer had used a different design.
Manufacturing Defects
Even if a product is well-designed, manufacturing defects can still make it dangerous. A manufacturing defect occurs when an error is made during the manufacturing process, causing a deviation from the product’s intended design that results in a hazard to the consumer even when the item is used properly. Manufacturing defects only affect a limited number of product units, while design defects affect all units.
Warning or Instruction Defects
Product manufacturers have a legal duty to provide warning labels and instructions for safe use of their products. If a product has reasonably foreseeable hidden dangers, warning labels must be provided to notify consumers of these dangers. Instructions must show users how to safely use the product and avoid any risks. Warning labels need to be clearly written, specific, and easy to locate for the consumer. Manufacturers must provide warning labels if the following conditions apply:
- The product has an inherent danger
- The manufacturer is aware of or should be aware of the danger
- This danger is present when the product is used as intended, and
- The danger is not immediately obvious to consumers
If these conditions apply and the manufacturer fails to provide sufficient warning labels, they may be held liable for injuries caused by the product. If you have suffered a defective product injury due to any of these types of defects, you can learn more about your legal rights by contacting the Missouri product liability lawyers at Steelman Gaunt Crowley.
What Factors Influence Negligence Claims for Defective Product Injuries?
Although it is not necessary to prove negligence under strict liability laws for product liability, in some cases a plaintiff, or their attorney if they are working with professional legal representation, may determine that demonstrating negligence is the best course of action. When pursuing a negligence claim for a defective product injury, several factors can influence the case.
Manufacturer Knowledge of Defects
The manufacturer’s knowledge of the product’s defects and dangers is a key factor in defective product lawsuits. If the manufacturer was aware of, or should have been aware of, the potential risks associated with the product, but failed to take appropriate measures to address those risks, they may be held liable for any resulting injuries. This includes situations in which the manufacturer failed to conduct adequate testing or failed to warn consumers about known risks.
Compliance With Industry Standards
In many cases, another important consideration is whether the manufacturer complied with industry standards and regulations in the design, manufacturing, and distribution of the product. Compliance with industry standards does not necessarily absolve manufacturers of liability, but it can provide evidence of due care and diligence in the production process. Conversely, non-compliance with industry standards may strengthen the plaintiff’s case by showing negligence on the part of the manufacturer.
Consumer Misuse or Modification
Civil courts will often consider whether the consumer’s actions contributed to the injury, or if the product was used in a manner that the manufacturer would not have reasonably anticipated. Although manufacturers must design and produce safe products, they cannot reasonably anticipate all potential misuses or modifications by consumers. However, if the product was used in a foreseeable manner and still caused harm due to a defect, the manufacturer may be held liable. Conversely, if the injury resulted from misuse or modification beyond the manufacturer’s reasonable expectations, then the manufacturer could avoid liability.
Discuss Your Defective Product Injury Claim With Our Missouri Personal Injury Lawyers
Have you recently been injured by a defective product? You may have grounds for a product liability claim against the manufacturer, retailer, distributor, or another party in the distribution process. At Steelman Gaunt Crowley, our Missouri product liability lawyers hold these parties liable for injuries caused by defective products. Contact our firm today at (573) 341-8336 to discuss your defective product injury in a free consultation.
