Every year, many individuals are injured by dangerous and defective products. Product liability laws are designed to hold the manufacturer or seller responsible for injuries caused by a defective consumer item. According to the 2020 Missouri Product Liability Insurance Report, there were about 49,785 product liability claims in the state. Of these, 666 claims were settled with payments totaling $27,530,823.
If you've been injured by a defective, unsafe, or faulty product, you are within your rights to seek fair compensation. At Denning Law Firm, LLC, we are dedicated to offering personalized, experienced legal representation to clients in their product liability claims. As knowledgeable Missouri personal injury attorneys, we will fight vigorously to protect your legal rights and help you pursue rightful compensation for your injuries, property damages, pain and suffering, or loss.
Denning Law Firm, LLC proudly represents clients in and around Kansas City, Missouri, and throughout Overland Park and Kansas City, Kansas.
Product liability can be described as the legal liability a manufacturer or seller incurs for producing or selling a defective, dangerous, or faulty product. Product liability comes into play when a consumer has suffered serious consequences – injury, illness, property damage, or loss – from using a defective product.
Under Missouri Revised Statutes Section 537.760, the term "products liability claim" means a claim in which the plaintiff seeks relief in the form of damages on a theory that the defendant is strictly liable for such damages because:
The defendant transferred a product in the course of his business.
The product was used in a manner reasonably anticipated.
The plaintiff was damaged due to the product's defective condition.
The plaintiff was damaged as a direct result of the product being sold without an adequate warning.
Pursuant to Kansas Revised Statutes Section 60-3302, "product liability claim" includes any claim or action brought for harm caused by the manufacture, production, making, construction, fabrication, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, storage, or labeling of the relevant product.
Furthermore, there are three different types of product defects recognized under Missouri or Kansas state laws:
A design defect occurs when a product was correctly manufactured, but the way the item was designed makes it inherently unsafe for the user. Even when the product is manufactured perfectly, the design defects may potentially endanger the consumer. Some examples of design defects include:
Chair design with uneven legs
Protective sunglasses that fail to protect consumers from UV rays exposure
A children's toy with a choking hazard
A gun safety that permits discharging the gun
Vehicular design defects
A manufacturing defect occurs in the course of manufacturing or producing the item. Such an error during the manufacturing process renders the product unsafe for the consumer. Some examples of manufacturing defects include:
An improperly installed bike chain
Beverage, drinks, or food items that were tainted during the production process
Installing an obsolete component in a new product
The safety lock of a motor vehicle that fails to engage
Incorrect bolts, fasteners, or other attached parts
Manufacturers are required to provide adequate instruction for using a product to avoid potential injuries or other issues. A product may be considered faulty or unsafe for the user when the manufacturer fails to provide adequate warning or instruction about how to operate or make use of the item. Some common examples include:
Lack of warning labels on the product package
A contraceptive that results in serious medical complications
A chair that tumbles if not properly installed
An experienced attorney can evaluate every detail of your unique situation and help you understand how to file your product liability claims.
Product liability claims can be categorized into negligence or strict liability claims.
Negligence describes a situation whereby the defendant is considered responsible for a product liability-related injury due to their carelessness in properly designing, manufacturing, or marketing the product. In order to prove negligence, the plaintiff must show that:
The defendant had a duty to manufacture or sell a product free of inherent risks or danger.
The defendant breached their expected duty of care.
The defendant's negligence was the primary cause of the plaintiff's injury
The plaintiff suffered an actual injury or damage.
Under strict liability claims, a manufacturer or seller may be held strictly liable for the product defect and product liability-related injury suffered by the consumer. In order to establish liability, the plaintiff must show that:
The product was defective.
The product's defect resulted in your injury.
The plaintiff purchased the item through the chain of distribution and not as a pre-owned item.
A skilled product liability attorney can explore your available legal options and help file your claims.
There is a time limit for filing your product liability claims.
Statute of Limitations in Missouri: A product liability action must be brought within five years from the date the plaintiff suffers the injury.
Statute of Limitation in Kansas: An action for injury to the rights of another, not arising on contract, and not herein enumerated – in this case, a product liability action – must be brought within two years from the date the plaintiff suffers the injury.
An experienced attorney can review all the surrounding facts of your personal situation and determine how to proceed with your product liability claims.
Consumer products are expected to be safe for their intended use. Unfortunately, a defective product can be precarious and may expose you to the risks of significant personal injury. You don't have to face the challenges and financial liability all alone. If you have been injured due to a defective or poorly manufactured product, you need to hire an experienced personal injury attorney immediately to advocate for your legal rights and help seek fair financial compensation.
At Denning Law Firm, LLC, our attorneys have devoted their careers to assisting and representing clients in their product liability cases. As your legal counsel, we can evaluate and investigate all the surrounding facts of your personal situation and explore your available options to recover damages.
Our team will fight compassionately to protect your legal rights and hold the responsible parties accountable. We will help seek fair financial compensation for any injury, property damage, or loss suffered as a result of the defective item. Having us on your side can improve your chances of the best possible outcome in your product liability case.
If you or a loved one was injured by a defective, faulty, or unsafe product, you may recover damages. Contact Denning Law Firm, LLC today to schedule a simple case assessment. We can offer you the detailed legal counsel and reliable representation you need in your product liability claims. We're proud to represent clients in Kansas City, Missouri, as well as Overland Park and Kansas City, Kansas. Call us today to get the help you need.