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.
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.