Every day people use many products. You probably never stop to think if the item in your hand is safe, and most of the time, this turns out fine. However, some products may actually be very dangerous. If a product or consumer good harmed you, you may be shocked and unsure what you should do. Your first instinct may be to call the consumer hotline or take to social media. However, before you do any of that, you may want to speak with an experienced Moberly product liability lawyer.
You may have a strong case to collect damages, depending on the nature of your injury and the exact cause. While you may not understand products liability laws, a knowledgeable personal injury attorney could potentially help you file a lawsuit to collect money for medical expenses and other harm you may have suffered. Every situation is unique, so a lawyer will need to speak with you first before your representative can advise you of your circumstances.
There are three bases for any product liability lawsuit:
If the manufacturer poorly produced a single item, the product may injure the person who buys that particular item. Other goods sold by that company may be perfectly safe. If a company produced a soda bottle incorrectly and it exploded, the container may have injured the purchaser, but other soda bottles are perfectly safe.
However, if a product has an unsafe design, everyone who buys that product may be at risk. In these cases, it is especially important to bring a suit so that others do not suffer the same injuries. For example, many table saws have covers so that a user does not accidentally cut themselves while sawing wood.
Sometimes products are dangerous only if they are used the item in a particular way. Proper safety warnings could make a product legally safe, as long as those warnings are present and adequate. You may see notices attached to many products, and the absence of these warnings, leading to injury, may constitute negligence.
Each of these actions require different standards of proof. A victim may have a difficult time figuring out what kind of action to bring what they need to allege to avoid summary judgment by an aggressive defendant. Manufacturers may also misrepresent their product or use a false or misleading advertisement, which could be the basis for a lawsuit if the product injured the user.
The Missouri Revised Statute defines a products liability claim in §537.760. These types of claims are strict liability claims, which means that it does not matter how careful the manufacturer or seller of the product was. If the item injured another person, the company is automatically liable. The essential element is showing that there was an issue with the product which hurt the consumer.
For a person to have a claim, they must prove:
A victim must bring a product liability action within five years for most types of cases. An attorney may be able to help figure out the time limit for a particular circumstance.
If you or someone you know is injured because of a product you were using, you may have the right to recover financial damages. Damages could include medical bills, lost wages, and pain and suffering. Companies make money by selling items to the public. They have a duty to ensure those products are safe for their intended use. A Moberly products liability lawyer may be able to help you decide if you want to file an action and what you can expect from the process. Reach out right away to get the legal help you need.