Assertive Representation In Injury Claims Involving Defective Products
When we purchase products, we put a great deal of trust in the manufacturers and retailers of those products that the things we buy will be safe to use, or at least will not be the cause of grievous harm. Unfortunately, it is all too often that this trust becomes broken when retailers and manufacturers release products for sale that are defective or even dangerous. These dangerous products can result in injury, disfigurement or even death in some cases.
If you or someone you know has been injured due to a product malfunction or defect, you should talk about your rights with a product liability lawyer in Kansas City. Contact the attorney at Mayer & Associates, P.C., for a free case evaluation.
Product Liability Case Examples
Product liability lawsuits attempt to hold a manufacturer or retailer responsible for the malfunctioning or defective products they put on the market. When consumers are harmed by faulty products, it is crucial to establish liability so that retailers and manufacturers can be made to admit responsibility in the courtroom. Here are a few instances where product liability law may come into play:
- A product is sold without an important part that contributes to its proper function
- A product is sold fully assembled but is not assembled properly
- A product undergoes a recall after the damage has been done
- Products fail to meet safety standards but are put on store shelves anyway
- Products contain ingredients known to be hazardous to human or animal health
The Most Vulnerable Members Of Society Can Suffer From Product Liability Issues
When a child is given a defective or otherwise harmful plaything, the result can be injurious or deadly. Children can die from toys posing a choking hazard not appropriately labeled with a warning. The chemical makeup of some products can be a danger, such as asbestos-laden crayons and lotions that contain lead.
FAQ For Kansas City Defective Products Cases
There are more products available on store shelves and the internet than ever before, which prompts manufacturers to engage in a variety of tactics to win over consumers and outperform their competitors.
Unfortunately, these “tactics” often involve taking shortcuts and producing dangerous products that cause injuries and fatalities. If you were injured by a medical device, household product, tech gadget, toy, cooking appliance or another product, reach out to a Kansas City defective products lawyer at Mayer & Associates, P.C.
What Missouri law governs product liability claims?
While there is no federal law governing defective products claims, all claims against manufacturers brought by injured consumers are based on state product liability statutes in Missouri. We are referring to Missouri Revised Statutes Section 537.760.1. Product liability claims in Missouri are also governed by the Uniform Commercial Code, which contains warranty guidelines.
When a Missouri consumer is injured due to a vehicle defect or any other defective product or device, that consumer may have grounds to file a product liability lawsuit against the product’s manufacturer, distributor, retailer, seller and other parties.
Which parties can be held liable in a Missouri product liability lawsuit?
Apart from the manufacturer of the product, an injured consumer may have a legal right to raise a lawsuit against the following parties in the chain of distribution:
- The manufacturer of components and parts
- The assembler
- The installer
- The distributor
- The retailer that sold the product
Filing a product liability claim against multiple parties requires legal help from an experienced defective product attorney in Kansas City.
What are the most common defenses to a product liability claim?
Manufacturers and other parties in the chain of distribution are usually represented by the best defense lawyers in the state to protect them from lawsuits filed by consumers. Therefore, if you are planning to a file a product liability claim, you should be aware of the defenses that could be used by the defendant to prevent you from winning:
- “Your injury was not caused by the product.” In Missouri, an injured consumer has the burden to prove that his or her injury was caused by the defective product. Many manufacturers take advantage of this rule and contest the cause of the plaintiff’s injury.
- “You did not use the product in a reasonably foreseeable way.” Unless the moment of a defective product causing your injury was caught on camera, it could be difficult to determine exactly how the consumer used the product when the injury occurred. That is why you can expect the defendant to claim that you were negligent because you did not use the product in a reasonably foreseeable manner.
- “You assumed the risk.” This type of product liability defense may work in some cases, but only if the manufacturer can prove that the consumer knew that the product could cause the injury but chose to use it anyway.
- “The warranty does not apply.” A manufacturer may also argue that the plaintiff disclaimed the warranty by agreeing at the time of the purchase that the warranty did not apply.
Should You Join A Class Action Lawsuit?
Some product liability claims turn into a class action lawsuit, often making headlines, especially when a big-name defendant is involved. However, joining a class action lawsuit is not always the best decision you can make because every consumer can be harmed in a different way even when they used the same product. It is recommended to consult with a Kansas City defective product attorney to determine whether joining a class action case is the most optimal way to seek compensation.
We Can Take On Your Product Liability Case
If you need a product liability lawyer in Kansas City, the team at Mayer & Associates, P.C., can assist you with filing a legal claim. Defective products can and do cause serious harm and even fatalities, and those who actively market these products need to answer for their negligence. We are ready to use our 25-plus years of legal experience to advocate for you in court, and we will work tirelessly to get you every penny you deserve as a victim under the law.
Contact our skilled lawyer to protect your right to compensation and ensure that the manufacturer’s legal team does not stand in the way of obtaining reimbursement for your damages and losses. Please call our office at 816-692-2877 or use our online contact form to schedule a free consultation.