Tom Dickerson
Tom Dickerson is a trial attorney and co-founder of Dickerson Oxton, where he focuses on personal injury, wrongful death, medical malpractice, and catastrophic injury litigation. Since launching the firm with Chelsea Oxton Dickerson in 2010, Tom has helped recover millions of dollars for injured clients through aggressive advocacy and courtroom experience. Known for his client-first approach, he is dedicated to standing up for individuals and families against insurance companies and large corporations.
Millions of families and individuals across the United States rely on manufactured products in their daily lives, from kitchen appliances to car parts to medical devices. The advancement of manufacturing processes, the growth of large companies, and the transportation boom have all contributed toward getting products in the hands of consumers. However, because these products are so ubiquitous, many Americans are at risk of product liability injuries. When products are defective or improperly designed, they can cause serious injuries to the consumer.
This is where the field of product liability law comes into play. Consumers injured by defective products are often entitled to compensation for their injuries; however, proving negligence can be challenging when large manufacturing companies are involved. The legal process of collecting evidence and building a case can be challenging and overwhelming, particularly for those suffering from defective product injuries. Fortunately, victims of product-related injuries do not have to struggle alone. A skilled Missouri product liability attorney from Dickerson Oxton can help with a free case evaluation.
Call the office at (816) 542-6599 today to schedule a consultation and learn more about your legal rights.
Product Liability in Missouri
Missouri residents who have been injured by defective products may be entitled to compensation for their injuries. The legal basis for product liability in Missouri is detailed in R.S. Mo. ยง 537.760. One legal theory for holding a company liable for a defective product is called strict liability. The elements needed to prove this legal theory can be found in the statute linked above. However, determining liability in a product liability case can be incredibly challenging and requires an in-depth knowledge of Missouri state laws. There are several types of defects that cause injuries, and determining which type is in play could point to liability of certain parties. Additionally, constructing a case may involve extensive research and evidence gathering. An experienced product liability lawyer may be able to handle these details for their client.
Legal Basis For Product Liability
When building a product liability case, the plaintiff may also make a negligence claim, and for such a claim, a plaintiff should consider four key points that can make or break a defective product injury case. These points form the legal basis of product liability in Missouri. The first point is duty of care. Product manufacturers have a duty of care to provide safe products for their customers that function as stated. If the manufacturers breach this duty due to negligent actions, their negligence may imply liability for the injuries. However, these points are not enough to build a solid product liability case. The negligent actions must directly cause the injuries or other damages incurred by the plaintiff. Lastly, the plaintiff must suffer damages to property or personal injury to qualify for compensation in a product liability case.
What is a Product Liability Claim?
If any of these factors are in place for these three legal theories, the injured party can file a product liability claim. This may involve filing a complaint with the courts and having papers served on the defendant to inform them of the complaint. Once this is done, the product liability case can begin. However, the plaintiff must consider matters of strict liability and negligence to continue building a case and arguing in court.
Consider scheduling a free initial consultation with a Missouri product liability attorney from Dickerson Oxton today to discuss your legal options.
Common Product Liability Cases
Due to the vast number of products available in America, there are thousands of potential product liability injuries from defective products. Understanding the nature of the product and defect may help clarify how to pursue a case. Some common examples of product liability cases are defective appliances, electronic devices, or power tools. However, many other types of products can fail and lead to injury. Car parts like airbags, medical devices, and even pharmaceuticals can all lead to a defective product injury. Auto part failure can lead to car accidents on the road, and medical device malfunctions can cause severe personal injuries or death.
Types of Product Defects
There are generally three categories of product defects that companies can be liable for in a lawsuit. Simply being injured by a broken product may not entitle an individual to compensation, particularly if negligence was involved on the part of the consumer. However, three key cases of negligence on the part of the companies could signal a viable product liability case. These errors most frequently occur in the design phase, during manufacturing, or afterwards when companies are marketing or labeling the product.
Design Defect
Sometimes, faulty designs can lead to a product liability lawsuit. This can be related to the materials used, or how the product functions in use. During the design phase, product designers will test a product to ensure that it meets certain safety criteria and functions as expected. Failure to thoroughly test a product could result in unforeseen failures. For example, if a designer of a braking mechanism for a car fails to test their product under the conditions of a normal driver, the product may break under strain and lead to a car accident. Design flaws may not be apparent on paper, but may become obvious when a product is put into use. This is why thorough testing is key to avoiding product liability lawsuits.
Manufacturing Defect
Another critical failure point for consumer products is in manufacturing. One of the key defining features of many American products is mass production and sale, which requires factories, machinery, and other processes. Faulty machinery or poor factory safety policy could lead to flaws in the product unrelated to the design of the product. This may also include the use of cheap or low-quality materials or failure to maintain manufacturing equipment. These cases may not always involve the designers or retailers, but may focus on the factories and workplaces that produce the defective product.
Marketing Defect
Additionally, products may be defective due to insufficient labeling. While most people would not consider this traditionally defective, failure to warn the consumer or instruct them in the use of the product could constitute negligence. Many products can be dangerous if used improperly, and many more use or contain dangerous substances. The United States Consumer Product Safety Commission has created a system to properly inform consumers of dangers based on the intended market for the product. Inaccurately labeled products, or products with labels removed by a retailer or other party, may warrant a product liability case.
Contact a Missouri Product Liability Attorney Today
Liability law can be incredibly complex, especially when the plaintiff is trying to hold large companies with experienced legal teams accountable. For Missouri residents suffering from injuries from defective products, it can make a world of difference to have skilled legal counsel to navigate state law and construct a case. An experienced Missouri product liability lawyer from Dickerson Oxton can help their client navigate these legal complexities and advocate for their legal rights. Schedule a free case evaluation today by calling the office at (816) 542-6599 for more details.