When you buy a product, you expect it to be safe for use. Unfortunately, some situations exists where manufacturers design and release items that, when used as intended, cause harm to consumers. There are also instances when companies fail to provide warnings about the possible dangers of using a particular product. If you are injured by an item that was defective or lacked adequate instructions, you might be entitled to pursue compensation through a product liability claim. A lawyer can assess your case to determine whether you have grounds to take legal action and help build your arguments.
At Bertram & Graf, L.L.C., our Kansas City lawyers are committed to holding companies accountable for distributing products that hurt consumers. Schedule a consultation by calling (888) 398-2277 or submitting an online contact form today.
What Is a Product Liability Case?
A consumer injured by a dangerous product may initiate a product liability claim. In doing so, they seek relief for damages they sustained. Damages include expenses and losses, such as medical bills or pain/suffering, arising from the accident involving the faulty item.
Any party along the stream of commerce may be liable for a defective product, including the following:
- The manufacturer
- The parts maker
- The assembler or installer
- The distributor
A retail store may also be held responsible. However, Missouri Revised Statutes § 537.762 provides that a seller may request to be dismissed from a product liability claim if another entity, such as the manufacturer, is appropriately named as a defendant in the case.
What Are Examples of Products Liability Cases?
Any time a person is injured by a faulty product used as intended, the consumer may bring a product liability case. As you can imagine, numerous situations can give rise to a claim.
Examples of cases include, but are not limited to, the following:
- Faulty automobile gas tanks
- Bicycles with defective handlebars
- Children’s toys containing lead
- Rupturing silicone breast implants
- Defective earplugs
What Must You Prove in a Products Liability Case?
Under Missouri Revised Statutes § 537.760, you can hold any entity that transferred a dangerous product strictly liable for the harm you suffered. The theory of strict liability differs from the theory of negligence, which is concerned with the conduct of the at-fault party, namely that their actions fell below the accepted standard.
Instead, with strict liability, you must show that:
- The defendant released or distributed a product,
- You used the item in the intended way or a way that the manufacturer could have reasonably anticipated, and
- You were harmed because the product was damaged when designed or distributed, or
- You were harmed because the manufacturer failed to warn of unreasonable dangers.
How Do You Know Whether You Can File a Claim?
You might be able to pursue a product liability claim if you were hurt after using a faulty product.
A product may be considered faulty if any of the following existed:
- A design defect: When the manufacturer was developing the product, it did not consider all foreseeable risks or alternative designs that could have minimized them.
- A manufacturing defect: When the company was constructing the product, a problem with the process caused an issue.
- A failure to warn: The manufacturer did not provide adequate notice about the safety hazards associated with the use, anticipated use, or misuse of the product.
You must have suffered physical injury and resulting damages to have grounds for a claim. If the product were defective and failed while you were using it but were able to dodge harm, you would have nothing to be compensated for.
Product liability cases are very complex. Thus, if you think you have a valid claim, consult with an attorney. They can assess the situation and discuss your legal options.
Schedule a Consultation with Our Firm
Building arguments for pursuing compensation after injury by a faulty product takes a great deal of research and legal knowledge. Trying to get the information you need can be challenging, especially if you don’t know where you must go to retrieve pertinent details.
At Bertram & Graf, L.L.C., we have years of experience handling product liability cases and have taken on various corporations. Our Kansas City attorneys have the talent to develop compelling legal strategies for injured parties.
To speak with us about your case, please call (888) 398-2277, or contact us online, and we will respond promptly.