Missouri Product Defect Injury Lawyers - Victim Information Center

Being the victim of a product defect or design flaw is daunting.  Many of the corporations that design, manufacture, and distribute the products we use are both large and well-funded.  In addition, there may be multiple levels of distribution involved before a product makes it from the factory to your home, office, or construction site.  What should you do when a defective product has caused personal injury?

• Seek competent medical attention immediately
• Place any and all parts of the product in a safe place (i.e. preserve evidence)
• Retain any receipts that prove you purchased the product (if available)
• Gather contact information for any witnesses to the incident which caused injury
• Write down detailed contact information for the individual or entity that sold you the product
• Contact Missouri product liability injury attorney Stephen Schultz immediately so our investigators can begin collecting evidence and preserving your claim

Missouri Strict Liability Law

In the landmark case of Keener v. Dayton Electrical Manufacturing Company, the Missouri Supreme Court officially adopted the rule of strict liability in product liability law.  This decision was based on public policy that 1) manufacturers who turn a profit from selling defective products should have absolute (strict) liability for any personal injuries sustained by users and 2) manufacturers should not be able to simply hide behind warranty language which commonly denounces any liability for personal injury.

To make a Missouri case for strict products liability, a personal injury victim must prove:

• The manufacturer sold the product which it designed and/or manufactured (placement into the stream of commerce will suffice)
• The product was defective and unreasonably dangerous when used for its intended purpose
• The product was used by the injury victim in its reasonably anticipated manner
• The personal injuries sustained were a direct result of the defective product (a.k.a. "causation")

Missouri courts apply the rules of strict liability whenever a manufacturer places a defective product into the 'stream of commerce'.  Essentially this means that the product was presented for distribution to dealers or end users such as the public.  More importantly, a vendor or manufacturer does not need to know of the defective condition of the product or to be negligent in any way for strict liability principles to apply.  Marketing a product in a defective condition will eliminate any subsequent right of the manufacturer to disclaim liability through a warranty.

Strict Liability for Design Defects

A manufacturer or distributor that places a defective product into the stream of commerce is subject to liability for personal injuries sustained by the end user.  Defective products can be caused by design and/or manufacturing flaws.  To recover under a claim of defective product, a personal injury victim must prove:

• The product design contained a defect that made it unreasonably dangerous when put to its intended use
• The product was in the same or similar condition at the time of the injury as it was when it was designed and manufactured by the defendant
• The product defect was the cause of the personal injury (i.e. causation)

Strict Liability for the Failure to Warn

A manufacturer may be strictly liable if it fails to properly or adequately warn of the dangerous characteristics of a product.  This can be interpreted in various ways.  For example, many products are inherently dangerous, such as a riding lawnmower.  Our Missouri injury law firm has clients who have been seriously injured when these mowers tip over on hills.  Depending upon the language of any posted warning and its placement on the mower itself, the manufacturer may be liable based upon strict liability principles.  Many warnings are confusing and/or inadequate and thus, a manufacturer may be strictly liable even if it posts a warning on the product.

Has a defective product caused you injury?  Contact St. Louis product liability lawyer Stephen Schultz today and get the experienced attorneys at Schultz Legal Group on your side!  Our lawyers are available anytime at (314) 448-0934, toll-free (866) 840-3636, or by email to discuss your products liability injury claim.  Don't be victimized twice.