Were you or a loved one hurt after using a dangerous or defective product in Richmond Heights, MO? If so, a Richmond Heights product liability lawyer may be able to help.
Bradley Law Personal Injury Lawyers has represented injured people since 2002. We know that these cases are complex and time-intensive. Our team isn’t afraid to take on the challenge of a product liability case so that you can get justice.
Call our office at (314) 207-4399 to set up a time for a free legal consultation to learn more about how we can help you.
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How Can Bradley Law Personal Injury Lawyers Help Me With a Product Liability Case in Richmond Heights, MO?
Bradley Law Personal Injury Lawyers can help you seek compensation after getting hurt by a dangerous or defective product. This may include negotiating with powerful companies and insurance companies or standing up to them in court.
Our Richmond Heights personal injury lawyers have over 30 years of experience and have recovered more than $70 million for our injured clients. As recognition for our success, we have been admitted as members of the Multi-Million Dollar Advocates Forum and the Hall of Fame by the Missouri Association of Trial Attorneys. We’ve also been named a Top 100 Trial Lawyer in America.
When you trust us to take on your product liability case in Richmond Heights, Missouri, we will:
- Provide legal advice
- Create a case strategy
- Investigate the cause of the accident
- Collect evidence to support your case
- Calculate your damages
- File insurance claims
- Negotiate with the defendant on your behalf
- File a personal injury lawsuit
- Prepare for and go to trial
Each case requires a slightly different strategy. We are prepared to do what it takes to create an effective strategy to achieve your goals. Call our Richmond Heights personal injury attorneys to learn more about our process and get started on your case today.
What Is a Product Liability Claim?
Under Missouri law, a product liability claim is filed by a plaintiff after getting hurt by a dangerous or defective product. It is a civil lawsuit where the plaintiff is requesting payment for their damages.
An injured person can file a product liability claim against anyone in the chain of commerce. This may include a designer, manufacturer, distributor, or even the store that sold the product to the plaintiff.
The plaintiff must prove that:
- They used the product in a reasonably anticipated manner, and
- The product was unreasonably dangerous because it was in a defective condition, or
- The product was unreasonable dangerous and had inadequate warnings
Ultimately, these cases hinge on whether or not the product was dangerous by design, because of a defect, or because it had inadequate warnings.
Dangerous Products Can Cause Serious Injuries
Dangerous products cause serious injuries in Richmond Heights every single year. In some instances, it can even cause death.
In many product liability cases, we help clients who are suffering from:
- Severe burns or lacerations
- Broken bones
- Permanent disfigurement or scarring
- Brain injuries
- Spinal cord injuries
- Amputation
- Paralysis
- Facial and eye injuries
Our Richmond Heights product liability attorneys will take time to understand the extent of your injuries. This may include speaking with your doctors, reviewing your records, or hiring expert witnesses. We are equipped to handle even the most complex or catastrophic injury cases.
Are There Defenses To Product Liability Cases in Richmond Heights, Missouri?
There are several common defenses to a product liability case. A defendant or their insurance company will try to argue any one of these defenses, or a combination, to limit their liability.
The Product Did Not Cause the Injuries
In any product liability case, the plaintiff needs to prove that their injuries were caused by the product. If they cannot prove that the defect or design directly led to their injury, they cannot recover compensation.
Sometimes it is easy to prove that it caused the injury. However, in cases where someone has a pre-existing injury that is worsened, it may be harder to prove.
The Product Was Not Used in a Reasonably Anticipated Manner
Product manufacturers are only responsible for ensuring that a product is safe for anticipated use. If a plaintiff used a product in an unforeseeable manner, the defendant is not responsible for injuries.
For example, if a plaintiff used a dresser as a ladder, they might be more likely to fall and get hurt when the dresser tips over. It is probably not foreseeable that a consumer would use a dresser in that way. However, if the dresser falls over and hurts them while opening the drawers, this can be reasonably anticipated.
The Plaintiff Ignored Adequate Warnings or Assumed the Risk
Products don’t have to be 100% safe. There is a reasonable amount of risk inherent in using a product. A company does have a responsibility to warn consumers of known or foreseeable dangers of using their products.
An example of this includes warning people of the dangers of using a hair dryer near a bathtub or getting burned on the hot stove.
If a plaintiff fails to read adequate warning labels or instructions, they are responsible for their foreseeable injuries. Furthermore, if the plaintiff does read the labels and understands the risk but still gets hurt, they might have assumed the risk.
Common Types of Product Liability Cases in Richmond Heights
Product liability law is broad, and no two cases are the same. Usually, any type of consumer product is covered.
That being said, product liability cases in our area commonly involve defective:
- Toys and children’s products
- Furniture
- Car or motorcycle parts
- Tools
- Home appliances
- Chemicals (like cleaning or gardening supplies)
- Pools
- Ladders
- Medical devices and medicine
- Food
- Industrial equipment and machinery
Your lawyer needs experience and resources – like access to leading experts – to understand the technical aspects of the product that hurt you. It is important to prove why the product was defective or dangerous, and that can require knowledge of engineering, depending on the complexity of the case.
You don’t want to risk hiring a lawyer who is not capable of providing the level of representation needed to win your product liability case.
What Is the Value of My Richmond Heights Product Liability Case?
Most of our clients want two things: compensation for their losses and to protect other consumers from a dangerous or defective product.
The value of your product liability case will vary depending on the circumstances.
Some factors that can influence the value of your case include:
- The severity and permanence of your injury
- The impact of your injury on your ability to work and earn income
- The effects of your injury on your quality of life and mental health
- The cost of ongoing medical treatment
We will identify the full extent of your losses and calculate your case value. This is important so that we can negotiate for full payment from the defendant or their insurance company.
What Damages Are Available To Someone Hurt By a Dangerous Product in Richmond Heights, Missouri?
Your damages will vary depending on how the accident impacted you.
In many dangerous product cases, we recover compensation for:
- Medical bills
- Medicine
- Rehabilitation or physical therapy
- Lost wages
- Lost earning capacity
- Cost of surgeries
- Lost employment benefits
- Property damage
- Physical pain and suffering
- Emotional anguish
- Scarring and disfigurement
- Loss of enjoyment of life
- Loss of consortium
- Out-of-pocket costs
We can prove your damages through evidence like bills, estimates, pay stubs, and witness testimony. Keep track of every expense related to the accident or your injury and your mental health so that your lawyer can recover all that you deserve.
How Long Do I Have To File a Product Liability Lawsuit in Missouri?
You only have a limited time to file a lawsuit after getting hurt by a dangerous product. This is called the statute of limitations. The purpose is to ensure that each side has a fair chance to prepare their case.
Luckily, Missouri has a longer statute of limitations than most other states. You’ll generally have five years from the date of the accident (or reasonably discovering your injury) to file. If your loved one was killed because of a dangerous product, you only have three years to file a wrongful death claim.
This is the most important deadline in your case. If you miss it, you will lose your opportunity to ask for legal relief in court.
Call a Richmond Heights Product Liability Lawyer For a Free Case Evaluation
Product liability cases are stressful and complex, but you don’t have to go it alone. Call a Richmond Heights product liability attorney at Bradley Law Personal Injury Lawyers to schedule a free consultation.
There are no strings attached and no hidden fees. Our lawyers will listen to your story and provide candid legal advice so that you can easily understand the path to recovery.
