When a company puts a product into the market, it must be safe for use. However, many manufacturers put profits ahead of safety, causing harm to innocent consumers. If you or a loved one suffered an injury due to a defective product, you deserve justice.
The law makes manufacturers strictly liable when a defective product causes harm. Unfortunately, these cases can be more complex than they might seem. Corporations don’t admit fault easily, and they often do all they can to avoid accountability. A knowledgeable Pevely defective products lawyer at OnderLaw can help you navigate the legal system and get the compensation you deserve.
At OnderLaw, our diligent personal injury attorneys are committed to helping you take back your life after an accident involving unsafe toys, appliances, furniture, auto parts, or anything else that we use in our homes or lives that we should be able to trust. We aren’t afraid to take on the big corporations and stand up for you and your cause. Let us stand with you in your fight for justice.
Some defective product cases are obvious. If a coffee maker explodes and scalds a user, the faulty appliance is clearly the cause of the injury. However, many cases aren’t as obvious.
Our detail-oriented Pevely attorneys will investigate your case to determine whether a defective product may have led to your injury. Faulty products often contribute to car accidents, construction accidents, fires, and explosions. Identifying whether a product might have contributed to an accident is important because manufacturers have substantial insurance coverage. Seeking compensation from a manufacturer is often the best way of ensuring that you receive the compensation you need for your medical bills and losses. It’s also a good way to hold corporations accountable so that others won’t go through the pain and loss that you have endured.
When you seek damages for a personal injury, you and your lawyer must prove that the other party (defendant) was negligent. Negligence is a failure to use reasonable care to prevent injuries to others. Although you could claim a manufacturer was negligent, product liability law offers another avenue for pursuing compensation.
Product liability law holds product manufacturers strictly liable for losses caused by defective products. If your diligent Pevely attorney proves the product is defective, they do not need to demonstrate negligence. A lawyer can prove a product is defective in one of four ways.
Defendants in a product liability claim are not limited to the product’s maker. They can be the manufacturer, the distributor, the retailer, an insurance company, or others who are potentially responsible under the law. Your product liability lawyer can help you to make sure every party that can be held accountable is named in your claim.
When a product has a design defect, every product sample is unreasonably dangerous due to an inherent flaw in its design. When alleging a design defect, our attorneys must prove that an alternative design would be safer and work as well. Legal counsel must also show that the alternative design is economically feasible.
A manufacturing defect causes one batch or production run of a product to be unreasonably dangerous because of a manufacturing or packaging error. The product is safe when manufactured correctly, but a specific example of the product caused injury because of a manufacturing defect.
A labeling defect occurs if the product’s label does not provide adequate instructions for safe use or sufficient warnings about known dangers.
Our skilled Pevely lawyers could claim a marketing defect if a product were sold for an inappropriate use which could cause injury. A children’s toy with small pieces that could be a choking hazard would be an example of a marketing defect.
Product manufacturers and their insurance companies spend significant resources fighting lawsuits and avoiding liability for the harm they cause to consumers. The manufacturer may accuse you of causing your own injuries to avoid paying the compensation you deserve.
If the case goes to trial, a judge or jury must allocate fault between you and the manufacturer. This is called contributory negligence. The judge or jury must determine what percentage of your injury is your fault, and what percentage is the fault of the manufacturer. Missouri Revised Statutes § 537.765 allows you to collect the portion of your damages attributable to the manufacturer. If you are found partially at fault for your injuries, your damages award will be reduced.
Of course, defendants will go to great lengths to put the blame on you for your injuries. Our caring Pevely attorneys are experienced in dealing with these tactics and will defend you every step of the way.
Most cases never go to trial, but the contributory negligence principle is often a factor in settlement negotiations. At OnderLaw, our hard-working Pevely product liability attorneys are prepared to stand up to corporations and tirelessly pursue the compensation you deserve. Whether you pursue a lawsuit or settlement demand, we will put our decades of experience to work fighting for your cause.
If you suffered an injury from a defective product, do not let the manufacturer get away with it. The people who profit from unsafe products must pay for the harm they cause. Legal action may also motivate these companies to produce safer products in the future, potentially preventing other people from experiencing what you went through.
A sympathetic Pevely defective products lawyer will stand on your side and by your side throughout this difficult time. Call OnderLaw today to speak with a caring member of our team.
