What Is Product Liability Law?
Product liability claims are slightly different than claims regarding car accidents or truck accidents. While all of these terms mentioned before cover personal injuries, the context changes a bit. Overall, a product liability claim happens when a manufacturer or seller is held responsible for giving a defective product to the consumer.
It's important to consider that, when it comes to personal injury cases regarding a dangerous or defective product, the product liability may fall into someone in the manufacturing chain. Moreover, the responsibility for distributing a badly manufactured product may fall into people involved with the selling process.
The law in St. Louis, MO, requires every manufacturer in the area to keep their products at industry standards, especially if they are dangerous products. If the product experiences any unexpected defects and is left unchanged by the manufacturers, the company may get exposed to a lawsuit since they exposed several risks to the victim's life through a dangerous product.
What Makes a Product Defective?
There are three primary product liability cases types in St. Louis. While product defects may vary in each case, it's vital to consider them since they can cause a severe injury and even death, in some cases.
Neck & Back InjuriesIn an accident, the pressure that is applied to the body might result in severe whiplash and spine or back fractures. This may necessitate the use of a neck brace for a period of time, but it can also lead to long-term pain, chronic problems, or partial to total paralysis.
Internal Injuries & Broken BonesIn any form of incident, broken bones are among the most common injuries. When bones take the impact of a collision, are hit with another item, or are twisted in a crash, they can break or fracture.
Spinal Cord InjuriesThe spinal cord is responsible for transmitting information from the brain to other body functions. Partial or complete paralysis can result from a breakdown in this connection.
Traumatic Brain InjuriesA severe brain injury might have an irreversible effect on one's life quality. It may also have a significant impact on a person's personality as well as their capacity to control body functions.
Burn InjuriesSkin grafting, acute care at a burn center, and reconstructive surgery are typically required for severe burn injuries. You may also require substantial rehabilitation, which may include job training in some situations.
Animal BitesAnimals provide comfort and protection; however, when they attack, catastrophic injuries can result. Dog owners are accountable for their pets' behavior as well as any harm they may cause.
ElectrocutionThe nerves, heart, and brain can all be affected by electric shock. It can potentially result in severe burns, if not death. When manufacturers, building owners, or power companies fail to follow safety requirements, electrical mishaps can occur.
Wrongful DeathThe loss of a loved one in a deadly accident is one of the most difficult things someone can go through. The objective of a wrongful death claim, unlike a criminal charge (as per the law), is to compensate the family of the fatally injured victim for any losses.
How Long Does a Personal Injury Victim Have to File a Lawsuit in St. Louis?
Most product liability claims in St. Louis, MO have a five-year statute of limitations. However, cases involving wrongful death may have a longer statute of limitations due to the severity of the accident.
It's important to note that if the accident victim (or their loved one) isn't able to file a lawsuit under the designated amount of time, they may not be able to recover damages from any of the injuries sustained.
In these cases, the Powell Law Office can help victims assess their cases promptly. Overall, the sooner the victim files the lawsuit, the more likely their chances of claiming considerable compensation for all the damages.
Who Can Be Held Liable in a Product Liability Case?
First, a product liability lawsuit may only happen if the dangerous product was sold in any marketplace at some point. Several years ago, the injured person had to be the one that purchased the dangerous products to claim damages for manufacturing defects.
Today, any person who could have been injured by a dangerous product is eligible to recover damages if the product was sold to anyone. According to St. Louis law, several people could have strict liability for injuries caused by dangerous products. As mentioned before, strict liability can fall into anyone in the product's chain of distribution.
The following is a list of anyone who can be held liable for serious injuries coming from defective products:
General product manufacturer
Product part manufacturers
People responsible for assembling or installing the product
Retail store or company that sold the product to its clients
It's vital to note that product liability cases only apply when the sale of the product was made in the regular course of the business. In essence, someone who sells a product at a garage sale may not be liable for a product liability lawsuit for a distribution/manufacturing defect.
What Compensation Type Can a Personal Injury Victim Claim?
People who are hurt in any way by a dangerous product may be entitled to recover compensation for both economic and non-economic damages. the purpose of claiming compensation from insurance companies is to allow the victim to get on with their regular lives as soon as possible.
Generally speaking, liability claims may allow victims (or their loved ones) to seek compensation for one or more of the following items:
Pain and suffering
Reduced earning capacity
Logically, some cases are more severe than others, so it's important to talk to experienced attorneys that can assess the case in the best way possible. The attorneys at the Powell Law Office have helped victims who suffered from severe injuries successfully, and the key to achieving these results was always having a good attorney-client relationship.
Why a Manufacturer Could Be Held Liable
Some other reasons why manufacturers could be held liable for damages in St. Louis involve the following:
The product posed unreasonable dangers at the time of regular usage
The product was used in a particular way with anticipation
The manufacturer didn't warn consumers against any potential damage that could come from product usage
What Can the Victim Do?
In these cases, it's best to contact a St. Louis product liability attorney to know what the victim's options are, especially in complex product liability cases. The St. Louis office for the Powell Law Firm offers a free consultation for anyone who wants to know what their options are at the time of experiencing an accident due to a defective product.
Personal Injury Practice Areas
Product liability claims are often some of the most challenging cases to manage in court. Overall, it's common for several people to experience the same personal injury in case they used similar defective products. Consequently, victims must do thorough research with their product liability attorneys and get as much evidence as possible to prove negligence and seek compensation for the damages caused.
It's vital to note that a product liability claim may involve different one of many different types of "defectiveness." Regardless of the case the victim experience, they must seek legal advice promptly to get a fair settlement.
This website covers how product liability claims work, and why people need an experienced product liability lawyer in St. Louis, MO to help with the process.
How Much Is a Product Liability Claim Worth in St. Louis?
It mostly depends on the case since each one is unique. There's not a one-of-a-kind way to calculate damages for clients, so it's vital to talk to a St. Louis product liability lawyer to get any answers the client may need.
The Powell Law Firm's product liability lawyers have a long history of successful cases, so they can easily attend to their clients' needs.
Overall, here's what a personal injury victim can expect from their product liability lawyers' calculations during a free case evaluation:
Type of injury
Type of defective products involved in the accident (Medical devices, airbags/brakes, toys, appliances, etc.)
The severity of the injury
Long and short-term consequences of the injuries
How the victim was using the defective product at the time of the accident
All of these factors can help product liability attorneys to prove liability in a product liability case, allowing the victim to claim compensation from the insurance company. It's important to note that it's possible for the St. Louis personal injury lawyer to qualify the victim's case as either strict liability or negligence, which may affect how it develops in the future.
Request a Free Consultation from an Expert St. Louis Product Liability Attorney
One of the best ways to increase the likelihood of winning a product liability case is to talk to an experienced attorney who can assess the situation and explain all the options the victim may have at their disposal.
The professionals at the Powell Law Firm have years of experience and are ready to help product liability victims to get the compensation they deserve. Today, these people can request a free consultation where they can outline all the details of the case and get an overview of what to expect.
The Powell Law Firm is nothing short of excellence and quality. In fact they go beyond that, if you're looking for quality, efficiency, and excellence you've come to the right place.