Product Liability & Defective Product Attorneys

Any company that designs, manufactures, sells, or distributes a dangerous product could potentially be held liable if the product causes or contributes to a person’s injury or wrongful death. A company may be held strictly liable, meaning they do not even have to be negligent if the product that injured or killed someone was in a defective condition and unreasonably dangerous when put to its reasonably anticipated use. That essentially means that the product had a risk of hurting someone even when used as expected.

Liability can result from three different types of flaws:

• Design flaws– Part of the design of the product is inherently dangerous (such as a toy that is easily broken into small parts, presenting a choking hazard)
• Manufacturing flaws– The defect arose from a mistake while the product was being made (for example, if the product was manufactured using substandard materials)
• Marketing flaws– The company failed to provide a sufficient warning of the risks associated with a product’s use (for example, a toxic chemical product that does not contain adequate information and precautions on how to use it safely)

Product liability cases involve what is known as the chain of distribution, starting from the product’s manufacturer to the retailer that puts it on their shelves for customers to purchase. As such, one or even all parties in the chain may be liable for a defective, injury-causing product.

Manufacturer Liability

If manufacturing a defective product involves multiple manufacturers, both may be legally liable. For example, suppose the defective part in a product came from another manufacturer and was sold to the manufacturer of the whole product, including the defective part. In that case, they may both be held responsible.

Retailer Liability

The product retailer may also be liable for selling you the product even though they did not manufacture it. You don’t need to have been the buyer of the product for you to sue the retailer. If someone purchased a defective product for you, you used it and suffered an injury, you may still name them as a defendant. 

Wholesaler Liability

Additionally, a middleman, or a wholesaler, exists between the manufacturer and the retailer, from which the retailer procures the product. They may also be named as a defendant when you file a lawsuit. Any one of these, or all, could be liable. Identifying as many responsible parties as possible is more beneficial since it will better ensure that at least one will pay out, even if not all can. 

If you or a loved one has been injured by an appliance, household product, toy, or another product, speak with an attorney as soon as possible. There may be dangers or defects associated with the product that you are unaware of or need to be investigated by an expert in the field. Our firm’s St. Louis product liability lawyers can help you examine your case and protect your rights. Our attorneys have earned a reputation for top advocacy and effective handling of challenging cases nationwide.

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Recommended Reading:

• What is a Design Defect?
• When Is a Product Considered Defective?
• The Basics of Consumer Fraud Claims Everyone Should Know

Product liability is the area of law that holds companies responsible when a defective or dangerous product injures or kills someone. In Missouri, the company can be held strictly liable, meaning you do not have to prove they were negligent. If the product was in a defective condition and unreasonably dangerous when used as reasonably anticipated, the designer, manufacturer, distributor, or retailer can be responsible for the harm it caused.

Design defects (the product is inherently dangerous by design), manufacturing defects (something went wrong during production, such as substandard materials), and marketing defects (inadequate warnings or instructions about the product’s risks). A single product can involve more than one type of defect, and identifying which applies determines which parties in the chain of distribution can be held liable.

Potentially every party in the chain of distribution: the manufacturer, the wholesaler, and the retailer. You do not even need to have purchased the product yourself. If someone bought a defective product for you and you were injured using it, you may still have a claim. Identifying every responsible party matters because it increases the sources of compensation available for your injuries.

Generally five years from the date of injury under Missouri’s statute of limitations for injury claims. However, when a defect’s harm takes years to appear, which is common with toxic exposure and medical devices, the discovery rule may affect when the clock starts. Because product cases also involve preserving physical evidence, contacting an attorney promptly after a suspected product injury is critical.

Yes, in some Missouri product liability cases. Punitive damages are reserved for situations where a company’s conduct showed complete indifference to or conscious disregard for the safety of others, for example when a manufacturer knew of a dangerous defect and continued selling the product anyway. They are awarded in addition to compensatory damages and are one reason corporate defendants take well-prepared product cases seriously.

Most resolve in settlement, but product liability cases are tried more often than most personal injury claims. Manufacturers and their insurers fight aggressively to avoid setting precedents. The credibility of your law firm’s trial record directly affects settlement value: companies pay more when they know the alternative is a courtroom. Simon Law’s attorneys have secured some of the largest product liability verdicts in Missouri history, including a $745 million verdict.