What is Missouri Product Liability Law?
Dixon's Product Liability Attorneys in St. Louis provide need-to-know info for future clients.
Product Liability Attorney St. Louis
A product liability lawsuit may be filed under one or more of these legal theories:
- Strict Liability
- Breach of Warranty
To make a products liability claim under a legal theory of negligence, the victim must show 1)The defendant manufactured or designed the product; 2) The product had a defect/hazard; 3) The defendant failed to either design or manufacture the product to be reasonably safe or adequately warn of the risk of harm due to the defect; and 4) As a direct result of the failure, the victim sustained damage.
In 1969, the Missouri Supreme Court adopted the theory of strict product liability. In Keener v. Dayton Electric Manufacturing Co., 445 S.W.2d 362 (Mo. 1969), the Missouri’s highest court ruled that if someone sells a defective product that is in an unreasonably dangerous condition, the seller is strictly liability for any harm that results. To make a claim for strict liability due to a manufacturing or design defect, the injured party must show:
- The defendant sold the product during the course of their business
- The product was then in a defective condition unreasonably dangerous when used in a reasonably anticipated use
- The product was used in a reasonably anticipated manner
- The injured party sustained damage as a direct result of the defective condition
Under a strict liability theory based upon a failure to warn, the injury victim must show:
- The defendant soled the product in the course of his business
- The product was unreasonably dangerous when put to a reasonable use without knowledge of the product’s characteristics
- The defendant did not give adequate warning of the danger
- The product was used by the victim in a reasonably anticipated manner
- The victim was damaged as a direct result of the product being sold without the adequate warning
Breach of warranty product liability claims may involve any of several different scenarios, depending on whether an express warranty, implied warranty of merchantability, or an implied warranty of fitness for a particular purpose was provided to the buyer. A warranty is a statement by a manufacturer concerning their product. When a product fails to do what they say it will do, the company is deemed to have breached their warranty. A claim for breach of warranty is successful only when it can be shown that:
- A duty to the customer was owed
- A breach of that duty occurred
- An injury to the customer occurred
- The breach of the duty owed was the proximate cause of the customer’s injury
All of the various legal theories for defective products listed above contain various time limits which may prevent you from pursing reimbursement for your harms and losses. It is vital you contact an attorney immediately to discuss your case.
More About Product Liability Attorneys in St. Louis, MO
Christopher R. Dixon and the Dixon Injury Firm excel at product liability claims and other personal and workplace accidents. Recognized by the National Trial Lawyers Association as a Top 100 Trial Lawyer, Chris understands how difficult these types of cases are for clients. To help lower financial stress, Dixon's trial lawyers make it easier by providing a contingency payment system. This allows you to pay fees only if damages are awarded. Our legal services are free until then.
The economic costs of injuries or fatalities associated with defective products is the responsibility of the company that made or distributed the item, not an innocent person who purchased or used the product. Our products liability lawyers offer FREE consultations to all injury victims. If we are able to help you, we work on a contingency fee basis, meaning we are only paid if we successfully handle your product liability claim.
For a FREE consultation, call 314-409-7060 or 855-402-7274 (toll free). Our lawyers have been recognized as Top 100 Trial Lawyers by the National Trial Lawyers Association and are Life-Time Members of the Million Dollar Advocates Forum. We are here to help.