Different products hit the market every day that help make life easier or provide entertainment. Medications, food, toys, vehicles, and clothing are just a few of the products people enjoy every day. While most products are designed and manufactured with safety in mind, even minor errors could cause consumer goods to become hazardous.
If a faulty item harms you, a Chesterfield defective products lawyer could meet with you to discuss your unique case. A committed injury attorney could determine the source of the defect and help you file a claim against the responsible party.
When a personal injury claim arises because a dangerous product caused harm to a consumer, a local attorney may investigate what caused the item to become defective. There are three kinds of product defects: manufacturing, design, and improper labeling.
Manufacturers are expected to create safe products, but they sometimes put profit over consumers’ welfare. Manufacturing defects occur when a product contains a faulty part or parts that was unintentional that results in the good becoming unsafe for use.
A product can be manufactured correctly, but its design may be faulty, making the product unsafe for consumers. A design defect affects the entire product line, not just one item in the lot. For example, a small child’s doll designed with many small parts could be a choking hazard.
Products must carry warnings if the danger they pose is not readily apparent to a reasonable consumer. For example, a book of matches does not carry a warning label, although a consumer risks getting burned when they use them. However, highly toxic and flammable paint removers carry warnings on the labels that these products should be used in well-ventilated areas and are highly combustible, so they must be stored carefully. Failing to properly label a dangerous product could be grounds for a civil claim. A Chesterfield attorney could help determine the type of product defect involved in a person’s injury case.
Any person or entity involved in the distribution chain may be a prospective defendant in a defective product claim if a consumer is injured after using the item correctly. Possible defendants include:
Missouri Revised Statutes § 537.762 allows a retailer who only put the defective product into the stream of commerce to move for dismissal if a plaintiff can recover from another more suitable defendant before the court, usually the manufacturer. A local lawyer could determine if one or more than one defendant could be responsible for a product’s defect.
The statute of limitations is the time limit Missouri imposes on people filing lawsuits. Plaintiffs have five years to file a defective products claim, but only three years if the product results in wrongful death.
Since multiple defendants might be responsible and product liability law can be complicated, it is often difficult to handle these cases on your own. We could help. A Chesterfield defective products lawyer with our firm could help you navigate Missouri statutes and procedures for a better chance to get the money you deserve. Schedule your free consultation today.