St. Charles Defective Products Lawyer
Even though product testing is extensive, defective products often enter the marketplace that can lead consumers to suffer severe injuries.
Manufacturers, distributors, and retailers could be held liable for personal injuries caused by the defective products that they help bring into the stream of commerce. If you were injured by a faulty product that you recently purchased, you should consult with a St. Charles defective products lawyer to determine whether bringing a claim for damages is warranted in your particular circumstances.
Products Must Be Reasonably Safe
Missouri Revised Statute §537.760 makes anyone involved in the stream of commerce liable for products that, upon leaving the factory, are either unreasonably dangerous when used in an anticipated manner or the inadequately labeled to warn the consumer of its danger. This law codifies the legal theory of strict liability.
This does not mean that any product must be free from the risk of injury, only that a consumer must be provided adequate information to assess the risks and use appropriate caution. The law recognizes that certain products have a higher likelihood of causing injury than others do, and consumers are expected to exercise a higher degree of caution when using products that have an obvious potential for danger. Manufacturers, distributors and retailers might not be responsible for injuries caused by a product that was altered sometime after it entered the stream of commerce.
However, flaws in manufacturing and labeling are common, and this law can help people who have suffered injuries because of these mistakes recover damages. A nearby defective products attorney need not prove that the manufacturer, distributor, or retailer did something wrong or was careless, only that the product was unreasonably dangerous in a given circumstance and caused harm.
Strict Liability vs. Defective Product Claims
Negligence must be present for most defective product claims in St. Charles. Everyone has a certain duty of care to watch for the safety of others, such as a business owner having a duty of care to protect their customers. If negligence occurs, the business owner could be held liable for your damages, and would need to cover your medical costs and non-economic damages.
When it comes to defective products, strict liability must be present, where the manufacturer of the product is held at fault for being negligent. If you have been the victim of an injury due to a defective product, it is best to hire a St. Charles defective products lawyer to help you win your claim, and get you the compensation you deserve.
There are a few different classifications for defective products in Missouri, such as:
- Design Defect: A defect in the design of the product that causes an issue when purchased by the consumer. This design issue could lead to a lawsuit if injury occurs.
- Manufacturing defects: When a manufacturing defect is discovered, the design of the product is safe; however, there was an issue with the individual product that was purchased by the consumer.
- Lack of warnings or direction: Many products are liable to have a warning label about any risks that are posed by the product. Some examples include not warning consumers about electric shocks.
Strict liability is put in place to hold companies liable for their defective products. However, in many cases, these companies do not heed these requirements and place defective products out for the public to purchase. If you have been affected by the negligence of one of these manufacturers, get in touch with our St. Charles defective products lawyer today!
What Is Foreseeability, and How Does It Affect My Case?
Foreseeability is one of the most important aspects of defective product claims in St. Charles. The manufacturer must ensure that the product is safe and that they have reviewed the different ways someone could use it. This is a critical aspect in product liability cases, and must taken into account when filing suit.
How Can a St. Charles Defective Product Lawyer Help?
Many large companies have all the assets available to them to fight back if you file suit against them. Therefore, you must have an expert legal team on your side to help you through the litigation process. Your St. Charles, defective product lawyer, can help you file suit, gather evidence, get eyewitness testimony, and consult experts in the industry to assemble a convincing case.
When you trust The Mutrux Firm Injury Lawyers to help you with your case, you can be confident you’re receiving the best possible legal representation. We will be with you every step of the way, ensuring that you receive the maximum compensation you deserve. Some of the ways your St. Charles defective product attorney can help includes:
- Investigating your case
- Finding the defects in the product
- Assembling all legal documentation
- We will keep you updated on your case
- Negotiate on your behalf.
At The Mutrux Firm Injury Lawyers, we are ready and able to take on your case and ensure that you get the very best legal representation possible. We know how to negotiate with the insurance companies, and will take your case to court if necessary. When you trust Mutrux, you can be confident we will fight for you, every step of the way.
What Are Some Common Defective Products in St. Charles?
Some of the most common defective products we have encountered in our cases include car parts. Some of the most common car parts that are found defective include:
- Brakes
- Airbags
- Fuel Systems
- Windshield wipers
- Wheels
- Seats
- Blades on the engine cooling fan
In a sense, any vehicle could be responsible for causing injury. This is why it’s important to have a trusted partner like The Mutrux Firm to help you navigate your personal injury case.
Defective Medical Devices in St. Charles, Mo.
Although medical devices are designed to help you through your health issues, and provide you with added mobility and quality of life, they are unfortunately sometimes defective. Some of the most common defective medical devices include:
- Artificial joints
- Cardiovascular components, such as a Pacemaker
- Robotic surgeons
- Fillers for blood clots
Due to the advancements in medical technology throughout the recent years, it has become increasingly common for more recalls to become the norm. Billions have been spent to replace defective health devices, according to the U.S. Health and Human Services Department.
In addition to vehicle parts and medical devices, some additional products that are often defective include:
- Cell phone batteries
- Beauty products
- Baby powder
- Household appliances
- Cleaning products
- Children’s toys
What Are the Potential Damages in a Defective Products Case?
A claim for damages is a demand for an injured person to receive compensation for their losses. Plaintiffs are entitled to receive an award of money that is adequate to cover the harm that the injury caused them.
A local attorney may counsel an injured plaintiff to keep meticulous records of all expenses that they incurred because of an injury caused by a dangerous product. In addition to obvious costs like insurance deductibles and lost wages, these expenses could include:
- Therapy to deal with the psychological impact of the injury
- Renovations to a home or grounds to accommodate a permanent disability
- Mileage or travel expenses to attend appointments
- Penalties associated with plans that had to be canceled because of an injury
An injured person and their family could seek damages for virtually any cost incurred or benefit lost because of an injury. An expert could also estimate future losses, such as ongoing medical care or decreased ability to earn wages, and factor these expenses into a claim for damages. Injured people and their families could also seek compensation for pain and suffering, inconvenience and humiliation, loss of companionship, and other intangible costs of an injury.
How Can Fault Impact a Damages Award in a Defective Products Claim?
The conduct of the plaintiff could have an impact on the amount of damages they receive. Missouri recognizes the idea of comparative negligence, which makes each party responsible for their role in causing the injury. Even if a jury finds a manufacturer strictly liable for producing a defective product, the Judge will apportion liability for the injury between all the parties, including the plaintiff.
The Judge will adjust any award of damages to a negligent plaintiff by subtracting a percentage that equals the plaintiff’s degree of fault. An experienced attorney might argue that a plaintiff’s negligence was insufficient to merit a significant reduction in a damages award.
A St. Charles Defective Products Attorney Focuses on Your Best Interests
Bringing a successful product liability case could require an advocate who knows the law and can keep your needs foremost in mind while working to secure an appropriate resolution. Injured people deserve the satisfaction of holding responsible parties accountable, but they also need to pay the rent and feed their families.
A compassionate St. Charles defective products lawyer could guide you through to a resolution that works for you and your family. Contact the office to schedule a meeting for an initial case review.