About Dangerous Product Law in Missouri, United States
Dangerous product law in Missouri, often referred to as product liability law, is designed to protect consumers who are harmed by unsafe or defective products. If you purchase or use a product that causes injury due to a defect or lack of adequate warning, Missouri law allows you to seek compensation from the manufacturer, distributor, or retailer. Dangerous product cases can involve a variety of items, including automobiles, electronics, medical devices, toys, pharmaceuticals, and more. This area of law helps ensure that companies are held accountable when they release unsafe products into the marketplace.
Why You May Need a Lawyer
Legal issues involving dangerous products can be complex due to the number of parties involved and the technical nature of proving defects or negligence. Common situations where you might need a lawyer include:
- You suffered an injury caused by a defective or malfunctioning product.
- A loved one was injured or killed due to a recalled product or lack of safety warnings.
- You need to negotiate with insurance companies or large corporations that are denying your claim.
- You want to pursue compensation for medical bills, lost wages, or pain and suffering resulting from a dangerous product.
- You are unsure who is legally responsible for your injury - for example, whether it is the manufacturer, distributor, or retailer.
Retaining a lawyer experienced in dangerous product litigation is important for protecting your rights and maximizing any compensation you may be entitled to receive.
Local Laws Overview
In Missouri, product liability law follows a combination of state statutes and court decisions. The most relevant legal principles include:
- Strict Liability - Missouri law holds manufacturers and sellers strictly liable if their product is defective and causes injury, meaning the injured party does not have to prove negligence.
- Types of Defects - Claims can be based on a design defect, manufacturing defect, or failure to provide adequate warnings or instructions.
- Comparative Fault - Missouri applies pure comparative fault, so if the injured party is partly responsible, their compensation can be reduced by their percentage of fault.
- Statute of Limitations - Most product liability claims in Missouri must be filed within five years of the injury. In certain cases, such as those involving wrongful death, the period may be shorter.
- Damages - Victims may seek compensation for economic and non-economic losses, such as medical expenses, lost income, pain and suffering, and in some cases, punitive damages.
Frequently Asked Questions
What is considered a "dangerous product" under Missouri law?
A dangerous product is any consumer item with a design, manufacturing, or marketing defect that makes it unsafe for normal use and causes injury or harm.
Who can be held liable for a dangerous product in Missouri?
Manufacturers, distributors, wholesalers, and retailers involved in the chain of sale can all potentially be held liable for injuries caused by dangerous products.
Do I need to have purchased the product myself to file a claim?
No, you do not need to be the original purchaser. Anyone injured by a defective product may have a valid claim.
What evidence is needed for a dangerous product claim?
Evidence may include the product itself, medical records, photographs of injuries, receipts, eyewitness testimony, and documentation of recalls or prior complaints about the product.
What kinds of damages can I recover?
You may be eligible to recover compensation for medical bills, lost wages, pain and suffering, property damage, and in rare cases, punitive damages designed to punish egregious conduct.
What is the time limit for filing a product liability claim in Missouri?
Generally, claims must be filed within five years of the injury. However, if the case involves wrongful death, the time limit is three years. There may be exceptions depending on the circumstances.
Is it necessary to prove the manufacturer was negligent?
Under Missouri's strict liability standard, it is not always necessary to prove negligence. It is enough to show that the product was defective and caused your injury.
Can I file a claim if I misused the product?
You may still be able to pursue a claim, but your compensation might be reduced based on your share of fault, according to Missouri's comparative fault rule.
Do I need to join a class action lawsuit?
No, you may file an individual lawsuit. In some cases, class actions may exist, but each case can be evaluated independently based on your circumstances.
How much does it cost to hire a lawyer for a dangerous product case?
Many product liability lawyers in Missouri work on a contingency fee basis, meaning they only get paid if you recover compensation. Always discuss fees with your attorney before proceeding.
Additional Resources
- Missouri Attorney General's Consumer Protection Division - Offers support and information about product recalls and consumer safety.
- U.S. Consumer Product Safety Commission (CPSC) - Provides national recall information and advice on reporting dangerous products.
- Missouri Bar Association - Can help you find qualified product liability attorneys in your area.
- Local Legal Aid Services - Organizations that may provide free or low-cost legal help for qualifying individuals.
Next Steps
If you or a loved one has been injured by a dangerous product in Missouri, consider taking the following actions:
- Seek medical attention and secure records of your treatment.
- Preserve the product and any packaging or receipts as evidence.
- Document your injuries and any related damages, including lost work days and expenses.
- Research and contact a qualified product liability lawyer as soon as possible to assess your case.
- Report the dangerous product to the appropriate government agencies, such as the CPSC or Missouri's Consumer Protection Division.
Acting promptly ensures you protect your legal rights and gives you the best chance of obtaining fair compensation for your injuries or losses.
Lawzana helps you find the best lawyers and law firms in Missouri through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Dangerous Product, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
Get a quote from top-rated law firms in Missouri, United States - quickly, securely, and without unnecessary hassle.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please
contact us, and we will review and update it where appropriate.
