Every day, people rely on a variety of products to help them with different tasks. Unfortunately, sometimes commercial products can cause harm due to unexpected defects. If you or a loved one was injured because of a faulty consumer good, you might wish to discuss your case with a Creve Coeur defective products lawyer.
A seasoned injury attorney with experience handling product liability case could use their knowledge and experience to determine if your claim has merit and what steps to take next to potentially obtain compensation for your injuries. While most product liability cases settle out of court to protect the reputation of the designer, manufacturer, or store owner, some go to trial, often on mass scales. A trustworthy legal professional could provide guidance and representation both in and out of court.
Any consumer good could potentially be defective. However, some products more commonly experience malfunctions, including:
Plaintiffs injured by a defective consumer good might be entitled to damages such as medical costs, mental anguish, lost wages, pain and suffering, and scarring and disfigurement. A local attorney could investigate the cause of the defective product to determine what party is at-fault.
To determine liability in a case concerning a malfunctioning or dangerous product, a Creve Coeur lawyer might examine the chain of distribution. In other words, an attorney would investigate how a product became harmful to determine who to hold liable.
If the product was inherently faulty due to a design error, the designer could be held liable. In other cases, the product design was safe and functional, but human error during the manufacturing process created a hazard. This would result in the manufacturer facing liability. The product distributor can also be liable if they knew of defects but allowed the product to be released anyway, as can a store operator who willingly sold unsafe items.
Product liability cases can assign fault to multiple parties depending on the reason for the defect. However, to be able to recover compensation, the claimant must have been using the product as intended, as per 36 Missouri Revised Statutes §537.760. Additionally, a plaintiff withing to file a product liability suit has only five years to file a claim under § 516.120.
For a product liability case to have legal grounds, the attorney must show that the plaintiff used the item in the correct way and followed manufacturer instructions. The legal professional must also show that despite using the product properly, it harmed the individual in some way and resulted in medical expenses, time off work, and pain and suffering.
If the plaintiff altered the product or did not follow usage instructions, it is generally impossible to prove defendant negligence. However, if gross negligence on the part of the defendant can be established, the plaintiff might be able to ask for punitive damages. Such damages are designed to penalize defendants whose actions are considered horrific by the court.
If you used a consumer good as directed but suffered devastating injuries, you could benefit from contacting a defective products lawyer. You may not be the only person who was hurt because of the product and may be able to join a class action against the offending parties.
Call our law firm today to schedule a consultation. We look forward to discussing your case.