Hire A Product Liability Attorney That Knows How To Pursue The Liable Entity
Product liability is an area of the law that seeks to afford consumers with certain protections against mass-produced products that due to a defect in the design, manufacturing or marketing process creates an unreasonable risk of harm. In addition, some products are inherently dangerous and when a company fails to properly address the danger or properly warn the consumer of the danger, multiple parties in the sale lineage may be liable for damages that result.
Product liability law incorporates many issues not found in other areas of personal injury law such as car accidents or premises liability cases.
Fletcher Law Office is equipped with the legal resources needed to advocate for if you have suffered an injury due to a product defect. Product liability cases present a wide array of complexities that are unique to this area of the law and there are measures that must be taken from the onset of your case to ensure that the case proceeds correctly.
Designers and manufacturers are legally required to take all reasonable steps necessary to ensure that their products are safe for their intended use. When they release unsafe products that cause injuries, the victims are entitled to collect monetary compensation. There are many different types of product liability cases. Here are some examples:
- Motor vehicles, or parts such as brakes;
- Medical devices;
- Elevators and escalators;
- Contaminated food (food poisoning);
- Pharmaceutical and over-the-counter drugs;
- Toys;
- Baby gear;
- Power tools and Agricultural equipment.
The Legal Basis For Product Liability Claims
- Design defects are products that are manufactured properly, but contain flaws in the way they were engineered. For example, a car that is too top heavy may tend to rollover or an engine that overheats and can cause fires. Children’s products that are poorly designed can cause “choking hazards.”
- Manufacturing defects occur when a designed product is not properly produced. For example, a drug becomes contaminated or a prosthetic limb is made with substandard materials.
- Inadequate warnings create liability when the instructions do not clearly specify the intended use for the product or properly warn of it’s hidden dangers. For example, a blowdryer should warn that it should not be used near water and a lighting fixture should specify the highest wattage bulb that should be used.
Missouri Product Liability Attorney
Due to the difficulty of proving exactly where a defect originated, Missouri law allows for product liability claims to be brought even if it’s not clear who is responsible. This is done by attributing liability based on allowing unsafe products into the “steam of commerce.” In Missouri, a defendant that is only liable based on selling the product in the “stream of commerce” is only on the hook if there is no other defendant available that can offer a full recovery.
There are many laws and regulations that apply only to specific types of product liability cases such as elevators, meat processing, or lighting products. Not all personal injury attorneys are skilled at handling product liability cases. That’s why it’s important to hire an experienced Missouri product liability attorney that knows how to get your case moving in the right direction in an efficient manner and pursue the responsible entities.
Product Liability Theories of Liability
There are several theories of liability that a product liability case may assert. With each theory of liability, there will be considerable variances in the manner that the case proceeds and the requisite evidentiary threshold that must be presented. Some of the more prominent theories of liability in product liability cases include:
- Manufacturing Defects;
- Design Defects; and
- Failure to Warn.
With each of these theories of liability, the manner by which the Plaintiff alleges damages in their case will be different.
Who Is Liable In A Product Liability Case?
The defendants that the plaintiff seeks to include in the lawsuit will be different depending upon the theory of liability that is being asserted. In product liability cases, it is not just the sole manufacturer of the product that may be held liable. Other entities involved in the “stream of commerce” must be evaluated to determine if their role in the eventual distribution of the product gives rise to potential liability.
Potentially Liable Parties in a Product Liability Case:
- Manufacturers of the product;
- Designers of the product;
- Subsequent handlers of the product; and
- Retailers of the product
Why Hire Fletcher Law Office for a Product Liability Case?
The attorneys at Fletcher Law Office, LLC have a wealth of experience in product liability cases that we employ in each and every case regardless of the size or severity of the case. Our law firm is well equipped to handle product liability cases and the injuries that may have been sustained as a result. Reach out to Fletcher Law after an accident for a free consultation on your case. We will give it our full attention and evaluate your case with integrity and honesty.