Defective Products Missouri Trial Attorney
Most states, including Missouri, have adopted laws that place strict liability on manufacturers, distributors, and sellers of products that cause injury, death, or property damage to buyers or users. Defective or dangerous products claims, known as products liability lawsuits, generally involve defects in the manufacturing process, a design flaw, or defective marketing.
Defects in the manufacturing process include items such as metallurgical flaws or inadequate welds. They may aslo include improper assembly line construction of a product.
To be successful, the plaintiff must prove that the manufacturing defect existed when the product left the defendant’s control and that it rendered the product “unreasonably dangerous.”
Examples of design defects include failures to guard moving parts of a machine, toys that present a choking hazard to small children, or electrical products that overheat during normal use. I have been involved in faulty product cases involving cranes, small industrial parts, industrial box cutters, lawn mowers, etc.
Under dangerous products law, the plaintiff must prove, in part, that the product was “unreasonably dangerous” because of a design characteristic, and that a feasible “safer alternative design” existed at the time the product was manufactured.
Defective marketing cases primarily involve improper labeling and the failure to provide adequate warnings or instructions. Examples include drugs and medical devices that are not accompanied by adequate warnings of their health risks.Under Missouri law, in order to establish a cause of action for strict liability failure to warn, a plaintiff must prove that: “(1) the defendant sold the product in question in the course of its business; (2) the product was unreasonably dangerous at the time of sale when used as reasonably anticipated without knowledge of its characteristics; (3) the defendant did not give adequate warning of the danger; (4) the product was used in a reasonably anticipated manner; and (5) the plaintiff was damaged as a direct result of the product being sold without an adequate warning.
Under Missouri law, there is a rebuttable presumption that a product safety warning will be heeded if made available to the consumer.
In addition to strict liability failure to warn, I can also file suit for negligent failure to warn. In order to establish negligent failure to warn, a plaintiff must show that: “(1) the defendant designed the product at issue; (2) the product did not contain an adequate warning of the alleged defect or hazard; (3) the defendant failed to use ordinary care to warn of the risk of harm from the alleged defect or hazard; and (4) as a direct result of the defendant’s failure to adequately warn, the plaintiff sustained damage.”
So it is important to note, a product can be dangerous, even if it is not defective, if adequate warnings regarding its proper use are not made available to the consumer. In cases where there are known safety risks for some of the consumers likely to buy the product, a claim of failure to warn may be actionable if a plaintiff can submit evidence that he or she would have acted otherwise had warnings been offered.
If you believe your injury from a consumer product, piece of industrial equipment, car part, or other product was caused by a product defect, contact Michelle Funkenbusch to schedule a no-cost consultation about your potential claim.
Missouri trial lawyer Michelle M. Funkenbusch has nearly 15 years of trial experience in the courtroom. She prides herself in helping people recover compensation for serious injuries resulting from the use of dangerous products. On these cases, Michelle Funkenbusch works strictly on a contingent-fee basis and advances all of the investigation, case development, and court costs. Those expenses, plus her fee, are deducted from the ultimate recovery. If she is not successful, she absorbs all costs and charges no fee.