When a consumer product like a car, pharmaceutical drug, or house appliance doesn’t perform as intended and causes injuries, a product liability claim can be brought against the company that produced or marketed the item.
If you have been injured by a defective product in Springfield, Missouri, our product liability lawyers at Peterson & Associates, P.C. can help you get the compensation and justice you deserve for your injuries. Our attorneys are well-versed in Missouri’s product liability laws and can help you explore your legal options.
Contact our Springfield personal injury law office today for a free case evaluation.
Have you or a loved one been injured by a defective product in Springfield, Missouri? You may have legal options available to you. Our Springfield product liability lawyers at Peterson & Associates, P.C. can help you get the compensation and justice you deserve for your injuries. Contact our Springfield personal injury law office for a free consultation.
What is Product Liability?
Product liability is a legal term that refers to any injury or damage caused by the use or misuse of a product. Product liability can arise from any source, including design defects, manufacturing defects, and failure to warn or instruct consumers about known risks.
Product liability often arises when a product is improperly designed, manufactured, or sold, resulting in consumer injuries or deaths. In some cases, product liability can also result from failing to provide adequate warnings about known risks.
You might have legal rights if you sustained injuries from using a product. An experienced Springfield product liability lawyer can help you understand your legal options and protect your rights.
If a defective product has injured you, don’t hesitate to contact our law firm for a free consultation. Our attorneys will work with you to evaluate your case and identify your legal options.
Types of Product Liability
In any given year, there is likely to be a variety of products that cause consumers harm. This can include defective, dangerous, or harmful products. If you’re injured by one of these products, you may have a valid claim against the manufacturer or seller.
Here are some common types of product liability:
- Defective Product: A product is defective if it does not meet consumer expectations. This means that even if the product is designed correctly and meets all other criteria, the product may still cause injury if it contains a defect. For example, if a car seat fails to protect a child in a crash, it is considered a defective product.
- Dangerous Product: A dangerous product is one that poses an unreasonable risk of injury to users. This could include products that are toxic or explosive or those that have sharp edges or edges that are not covered, or open containers. The product should be designed in a way that minimizes potential risks to users, and it should not be left unattended where children or pets can access or play with it.
- Fire Hazard: A fire hazard can cause a fire if the product is improperly used (i.e., incorrectly connected or used in a manner inconsistent with its intended use).
- Mechanical Failure: A mechanical failure is a potential malfunction of the product’s function. For example, a battery-operated toy with a small motor can overheat and cause a fire.
- Errors by Sellers: If a seller knows of a defect in a product but fails to tell the buyer, this can be considered an act of product liability.
- Defects in Labeling and Packaging: Products may be defective if they have misleading labels or do not contain all the information necessary for consumers to make informed decisions about buying them. For example, a sunscreen lotion with inadequate sun protection may injure someone who uses it.
If you are injured due to a defective product, you should speak with a Springfield, Missouri, product liability lawyer as soon as possible. A lawyer can help you compile evidence of the defect and the injury. A personal injury lawyer will also help you file a product liability claim so that you can recover monetary damages for your injuries.
Contact our Springfield personal injury law firm for a free initial consultation today. Our Springfield, MO, product liability lawyers are ready to help handle your product liability lawsuit and ensure you get the compensation you deserve. We value a positive attorney-client relationship and will ensure you get the maximum amount of compensation available for your claim.
Common Injuries Caused by Defective Products
A product liability legal claim or lawsuit can be filed against a manufacturer, retailer, or other sellers of products if the products in question caused injuries to consumers.
The law imposes a duty on these companies to ensure that their products are safe for use and do not cause harm to consumers. If a product causes injury, the injured party may pursue compensation from the responsible party.
Some of the common injuries caused by defective products include:
- Back Pain: One of the most common types of injuries from defective products is back pain. This type of injury can occur when the product is misused or unsuitable for its intended use. For example, if you buy a lawn mower that’s not properly engineered, your back may get injured as you try to mow the lawn.
- Neck Pain: Neck pain may also be caused by defective products. For example, if you have a neck pillow that’s too soft or bulky, your neck may hurt after using it for an extended period. Similarly, if you buy a car seat that’s not designed correctly or made, your child’s neck may be in danger when they are in the seat.
- Muscle Pain: Muscular pain may also be caused by defective products. For example, f you purchase a mattress that’s too soft or too firm, your muscles may hurt after using it for an extended period.
- Permanent Disfigurement: Another common injury caused by defective products is permanent disfigurement. If you use a faulty product for an extended period, your skin may become irritated or damaged. This can cause permanent disfigurement in the form of scars or other injuries.
- Permanent Disability: Permanent disability can also be caused by defective products. For example, if you use a product that’s not properly designed or made and causes your body to become permanently disabled, you may be entitled to compensation.
Product liability can be very complex, and victims of injury may need the assistance of an experienced Springfield product liability attorney. Product liability lawyers can help victims understand their rights and options, and they can advocate on their behalf during court proceedings.
If a defective product has injured you or someone you know, contact an experienced Springfield product liability lawyer at Peterson & Associates, P.C. to explore your legal options.
Statute of Limitations on Product Liability Claims in Springfield
The statute of limitations in Missouri for product liability claims is five years. This means that if you file a product liability claim in Missouri after the five-year period has expired, your claim may be barred by the statute of limitations.
This is why it is essential to contact a well-versed Missouri product liability attorney at your earliest convenience after you’ve been injured due to a defective product. A knowledgeable Springfield product liability lawyer will stay abreast of all statutes of limitations and legal deadlines to ensure you can get the justice you deserve and the compensation you need.
Failing to contact an attorney can result in you receiving no compensation for the damages and medical bills you have incurred due to a defective product injuring you. Please don’t wait to contact us. Peterson & Associates, P.C. offers free consultations and will help you get started on your road to recovery.
Who is at Fault in a Product Liability Case?
If a dangerous or defective product has injured you, you may wonder who is at fault. In most cases, the company that made the product is at fault. However, there are a few exceptions to this rule.
The manufacturer might be liable if the product was defective when it was manufactured. Someone else might be responsible if the product was misused or not used as intended.
How to Prove Negligence in a Product Liability Case
When you are injured for damages because of a product you bought or used, it is important to know the basics of product liability law. To prove negligence, you will need to show that the company or individual who created, sold, or marketed the product was aware of the product’s potential dangers and failed to take reasonable precautions to avoid those dangers.
Here are four steps that you can take to build a strong case against the company or individual who behaved in a reckless, negligent, or careless manner:
Investigate the Product’s History
The first step in any product liability case is always to investigate the product’s history. This includes looking at any safety reports or lawsuits filed related to the product. By doing this, you can show that the company knew about any potential dangers posed by the product and chose not to take appropriate action.
Show That the Product Failed in Its Purpose
Next, you will need to show that the product failed in its intended purpose. This means proving that it did not meet your expectations as a consumer and did not meet reasonable safety standards. For instance, if you bought a lawnmower that was supposed to be easy to operate but was difficult for you to start, your product liability claim would be much stronger if you showed that the product did not meet your expectations and failed to live up to safety standards.
Show That the Product Caused Injury
In addition to showing that the product was dangerous, you will also need to show that the product caused an injury for your negligence claim to succeed. For instance, if a lawnmower is dangerous, it’s possible that it could injure someone who uses it or sustains injuries after they have been operating it.
Show That You Were Injured
Finally, you will need to show that you were injured by this product or other similar products so that you can receive compensation for your losses and medical expenses. If a lawnmower injured you, you would need to show that it was defective in some way so that you can prevail with your claim.
Compensation Available to Product Liability Victims in Springfield
At Peterson & Associates, P.C., we understand that when a product injures you, you may be feeling both physically and emotionally drained. Our Springfield product liability lawyers can help you receive the justice you deserve and the compensation you need from the individuals who caused your injuries.
Some of the types of compensation available to victims of product liability in Springfield include:
- Compensatory Damages: This includes monetary damages paid to the victim for economic losses from being injured by a defective product. These damages can include medical expenses, lost wages, and other out-of-pocket costs.
- Pain and Suffering: This type of compensation is awarded to victims who have suffered physical or emotional injuries due to using a defective product. This could include loss of ability to work, psychological trauma, and more.
- Punitive Damages: These are awarded to punish the manufacturer or seller of a defective product for negligence. Punitive damages can range from financial compensation to prohibitively expensive fines.
Contact a Springfield Product Liability Lawyer
Don’t hesitate to seek legal assistance if a product has injured you or a loved one. A Springfield product liability lawyer can help you understand your legal rights and options and may be able to help you get compensation for your injuries.
At Peterson & Associates, P.C., we have years of experience representing clients in product liability lawsuits, and we will work hard to help you get the compensation you deserve. Don’t wait to reach out to an attorney. There are strict statutes of limitations and legal deadlines in Missouri that can prevent victims of defective products from receiving compensation. Contact a Springfield product liability lawyer at Peterson & Associates, P.C. by calling 816-888-8888 for a free consultation.