As consumers, we should be able to trust that the products we purchase are safe to use as intended. However, this trust is often misplaced. Companies regularly fail to address serious product defects before putting them on the market and in the hands of innocent people. Injuries from defective products happen regularly in Missouri and across the country. Recall notices often come too late to prevent hundreds or thousands of customers from getting seriously hurt.
When you or a family member suffer injuries due to an unsafe consumer good, discuss your situation with a St. Louis defective products lawyer. The dedicated attorneys at OnderLaw have decades of experience fighting for and winning on behalf of injured people like you. Negligent companies think they can get away with putting profits before people; our firm is committed to helping our neighbors and community members take back their power.
Missouri state law holds manufacturers, distributors, and, to a certain extent, retailers strictly liable for injuries resulting from product defects. If an injured consumer can prove a product is defective and meet several other conditions, the manufacturer can be held responsible regardless of whether they were legally negligent.
More specifically, the injured consumer and their St. Louis product liability attorney must prove the product was defective at the time of sale or distribution, the defect was the direct and primary cause of the consumer’s injuries, and the consumer was using the product as intended.
A consumer can bring a defective product lawsuit for several types of defects, including:
The St. Louis lawyers at our firm can investigate a product-related accident for any potential defects.
Even if someone has extensive evidence that a product defect directly caused their injuries, they only have a limited time to file a lawsuit. In most cases, Missouri Revised Statutes 516.120 sets a filing deadline five years after an injury initially occurs.
Notably, many states have statutes of repose prohibiting product liability claims after a certain period of time has passed since the initial purchase of a defective product. In Missouri, any person injured by a defective or unsafe condition of a product or due to negligence in the design, manufacture, sale, or distribution of a product has 15 years after the sale or lease of the product to bring a claim for damages. Victims of defective product accidents should contact nearby legal counsel as soon as possible to preserve their rights to compensation.
Suing a manufacturer over a dangerous or defective product can be challenging, especially when dealing with severe injuries. Fortunately, the experienced legal professionals at OnderLaw can handle every aspect of your claim and fight for the compensation you need while you focus on healing.
A St. Louis defective products lawyer at our firm will be your guiding hand during a difficult time in your life. We are ready to take up your cause and support your recovery. Give us a call today to discuss your story with a caring member of our team.
Product liability law in Missouri, as stated under Missouri Revised Statutes § 537.760, outlines scenarios in which a company can be held strictly liable if someone is injured by their product. Strict liability refers to a situation where a product manufacturer, distributor, retailer, or other entity along the distribution chain can be held responsible for injuries inflicted to a consumer, regardless of whether or not negligence was at play.
Strict liability can apply in a few types of circumstances where a product is defective or dangerous. A product can be defective or dangerous because of an issue with the underlying design of that product. In other cases, the product’s design may not be the issue but rather a problem that occurs when the product is manufactured, making it dangerous to consumers.
A third scenario in which a product can become dangerous or defective is when it is not marketed properly to consumers. Suppose a product does not contain adequate warnings as to the proper use of the product, or consumers are not sufficiently made aware of the potential risks associated with the product, resulting in their injuries. In that case, there may be grounds to file a claim for compensation.
Statutes of limitations are laws that outline how long after an injury a person has to file a legal claim. Missouri’s statutes of limitations govern a wide variety of personal injury claims, including product liability claims.
In most cases, the statute of limitations for filing a claim is five years, meaning that most consumers have five years from the date of the injury to file a lawsuit in the civil court system. Understand that there can be multiple exceptions that may prolong the five-year statute of limitations.
For example, there may be exceptions if you did not discover your injury right away or the injured party was a minor at the time of the incident. These situations may prolong the time in which a claim can be filed. An experienced St. Louis defective products attorney at OnderLaw can thoroughly review your prospective case to help you understand what time limitations may apply and explain your best legal options.
One of our trusted St. Louis attorneys can evaluate your potential defective product claim and the circumstances of your injury, then explain what legal recourse may be available to you based on the facts and details involved. If you were using the product as intended and were injured and suffered damages because the product was dangerous or defective, you may be eligible to recover monetary compensation.
Even if strict liability does not apply to your case, you could still have multiple legal options at your disposal. For example, if the product manufacturer or distributor was negligent and you were injured, you could also have a valid compensation claim. In some cases, it may be possible to sue the product manufacturer for injuries caused by a defect as well as for any harm caused by their negligent acts.
Some cases can resolve in a few months, while others can take significantly longer—even several years. The average length of a defective product claim will vary based on several factors specific to your case, such as:
It is essential to work with an attorney who has a broad range of experience handling these types of claims and understands exactly what is at stake. When it comes to resolving defective product cases, these companies are notorious for trying to devalue or deny claims filed by injured consumers. You need a dedicated lawyer on your side who is not afraid to fight for what is right and can aggressively champion your interests every step of the way. OnderLaw can help.
At OnderLaw, our attorneys can help you seek compensation to help you recover the financial, physical, and emotional losses you have suffered due to your injuries.
Examples of economic damages include lost wages and medical bills. Non-economic damages refer to intangible losses like pain and suffering, emotional distress, psychological anguish, and lost life enjoyment resulting from injuries caused by a dangerous or defective product.
In addition, you may be able to recover compensation for current and future medical bills, lost wages, physical and occupational therapy, and other monetary damages.
