A Guide on How to File a Lawsuit for Product Liability in Missouri

People injured by a dangerous or defective product may be entitled to compensation.

In Missouri, product liability laws hold manufacturers, assemblers, distributors, and sellers accountable for injuries caused by such items. However, it's important for victims to understand the legal process and consult with an experienced attorney to protect their rights and seek the justice they deserve.

This guide will outline the steps involved in filing a product liability lawsuit in Missouri, providing key information for individuals who may need legal counsel to handle these situations.

What Is a Missouri Product Liability Claim?

In essence, a Missouri product liability claim is a legal action filed against a manufacturer, designer, assembler, distributor, or seller of a product that is considered "unreasonably dangerous" or "defective" and has caused harm to a consumer. Some examples include the following:

• Products with a design or manufacturing defect

• Unsafe pharmaceutical drugs

• Defective medical devices

• Malfunctioning vehicles and automotive parts

• Poorly designed or manufactured children's toys

• Defective electrical appliances

This type of claim is based on the theory that the parties mentioned above have a duty to ensure that their products are safe for use.

If a product is dangerous or defective and causes injury, the injured party may be able to take legal action against them and seek compensation for their damages.

Understanding the Laws Governing Missouri Product Liability Claims

In this state, dangerous or defective product claims are governed by a combination of state and federal laws.

Missouri imposes strict liability on manufacturers, distributors, and sellers of defective products. This means that these parties can be held responsible for injuries caused by their products, even if they were not negligent in their design, manufacture, or distribution.

What Types of Product Defects Can Lead to These Claims?

Three main types of product defects can lead to product liability claims in Missouri. These are:

1. Manufacturing defects: This occurs when a product isn't manufactured correctly, such as when a component is missing or improperly installed.

2. Design defects: A common example is when a product is inherently dangerous due to a flaw in its design.

3. Marketing defects: This happens when a product isn't adequately labeled or doesn't display information about potential dangers.

   
   

Steps to File a Product Liability Lawsuit in Missouri

The following are the steps to file a product liability claim under Missouri law:

1. Gather As Much Evidence As Possible About the Case

The first step in filing a product liability lawsuit is to investigate the case and gather as much evidence as possible, including:

• Medical records documenting the injuries caused by the defective product and the medical treatment received

• Medical bills showing the expenses related to the injuries

• Photographs of the defective product and the injuries it caused

• Testimonials from expert witnesses about the design, manufacture, or marketing of the product

• Product recalls to demonstrate that the product is defective or dangerous

2. Identify Liable Parties

Next, it's important to identify the parties who may be liable for the injuries caused by the defective product, such as:

• The manufacturer

• The assembler

• The designer

• The distributor

• The seller

• A testing laboratory

• An inspector

3. Notify Relevant Parties About the Problem

In Missouri, it's mandatory to notify the other party about the problem. This can be done by sending a letter or email. It's also a good idea to keep a copy of the notification.

4. Calculate the Value of the Product Liability Case

The value of a product liability case depends on the severity of the injuries, the amount of medical expenses, lost wages, pain and suffering, and other damages. An experienced St. Louis product liability attorney can help victims calculate this.

5. Prepare to Prove Negligence

In some cases, injured parties may have to prove that the defendant was negligent in order to recover financial compensation. This means that victims must demonstrate that the other party owed them a duty of care, breached that duty, and caused their damages.

6. Negotiate a Settlement

Many product liability cases are settled without litigation, which means they're resolved out of court.

If the other party or their insurance company is willing to negotiate a settlement, victims may be able to avoid going to trial.

7. File a Complaint

Victims can file a complaint with the court if a settlement cannot be reached. This document should include the facts of the case and the damages plaintiffs are seeking.

8. Review Information Provided by the Other Party

Once the lawsuit is filed, the other party will provide plaintiffs with information about their case, which may include witness statements, expert reports, and other documents.

9. Present the Case to a Judge If It Goes to Trial

If the case goes to trial, plaintiffs will need to present their case to a judge or jury. The litigation process will involve presenting evidence, calling witnesses, and arguing the case.

Final Thoughts: Is It Necessary to Hire an Attorney for a Product Liability Case?

While some people can navigate the legal system on their own, hiring an experienced personal injury attorney is highly recommended for product liability cases. The laws that govern these claims can be complex and vary by jurisdiction, but a seasoned lawyer can ensure that all legal requirements are met and that the lawsuit is handled correctly.

Furthermore, attorneys specializing in product liability law have the required knowledge and experience to identify potential defendants, gather evidence, and build a strong case.

Liable parties and their insurance companies often attempt to settle claims for less than they're worth. Fortunately, a lawyer can effectively negotiate on the victim's behalf to secure a fair settlement. They can also explain how to file a lawsuit for medical malpractice in Missouri.

If the case proceeds to trial, an attorney can represent injured parties in court and persuasively present their claims. Plus, although determining the full extent of medical expenses, lost wages, and pain and suffering, can be challenging, a lawyer can accurately calculate these damages.

The success of a product liability claim depends on the strength of the case. By using the services of a professional attorney, victims can significantly enhance their chances of a favorable outcome and maximize their potential recovery. They can also share how to file a lawsuit for premises liability in Missouri.

Get in Touch with Powell Law Firm's St. Louis Product Liability Lawyers and Request a Free Case Review!

If you or a loved one has been injured by a dangerous or defective product, contact Powell Law Firm and request a free consultation.

A St. Louis product liability lawyer from our experienced team will guide you through the legal process, so you can understand your rights and fight for the compensation you're entitled to!