If you or someone you love was hurt by a dangerous product, you need a legal advocate on your side to hold the company accountable for your damages. Drafahl Law Firm can help. Our St. Louis personal injury lawyers have a long and successful track record of handling these tough cases, and we are ready to fight for you to get the compensation you deserve.
Give us a call at (314) 300-6260 or contact us online to schedule your free consultation and find out more about the assistance we can offer.
Injured by a Defective Product?
Contact a Lawyer at Drafahl Law Firm Today
Why Choose Drafahl Law Firm
Product recalls are far too common in the United States. In fact, according to reports, more than 580 million units were affected by recalls just in the first half of 2024. Each of these recalls is a product that failed to work as promised or, in a worst-case scenario, caused someone to experience harm or lose their lives.
Product liability claims can be challenging because companies often try to hide the details about how dangerous their products are. There are also many ways to resolve these cases, from individual claims to mass tort cases to class actions.
You need a lawyer who can help you to navigate the complicated legal process. Choose Drafahl Law Firm to represent you in your product liability claim. Why work with our firm?
- Trial experience: We have won millions in verdicts in just the past two years, including in disputed-liability claims.
- Professional recognition: Our attorneys have been named as Missouri Super Lawyers and included on the Ones to Watch List prepared by Best Lawyers. We’ve also been called Rising Stars by Super Lawyers, and Nolan was named as a Top 40 Under 40 Plaintiff Trial Lawyer.
- Client satisfaction: Our past clients have offered glowing reviews, commenting that our “knowledge and expertise of the law is exceptional,” and describing our attorneys as “fearless in court and adamant about providing the best outcome for clients.”
Awards & Memberships
What is Product Liability?
If you buy something from a store, you should be able to trust that it’s safe to use. But sometimes, products end up causing people serious harm. Product liability law protects people when a dangerous or defective product causes an injury.
Product liability holds manufacturers, distributors, and sometimes sellers responsible for putting a defective or unsafe product in the hands of a consumer. These laws set out who can be held responsible and under what circumstances.
Who Can File a Product Liability Claim?
If you are hurt by a product that didn’t work the way it should, you may be able to file a claim. Maybe you were burned by a faulty kitchen appliance or injured by a brake system that failed in your car. These types of cases could lead to a claim.
You do not have to be the person who bought the product to take action. Even someone who received a product as a gift may have a claim if they are injured.
Types of Product Defects
A product lawsuit usually happens for one or more of these reasons:
Manufacturing Defects
Sometimes, something goes wrong during the making of a product. Sometimes only a few items were dangerous or defective because the mistake occurred in the manufacturing phase. For example, a bike pedal that cracks while you’re riding because of a defect could fall in this group.
Design Defects
A whole line of products can be dangerous because of a flaw in the way they were planned. Design issues affect every item that comes off the assembly line. An example would be a desk that falls over easily, even when assembled and attached to the wall properly.
Marketing Defects (Failure to Warn)
Products can also be dangerous if users are not warned about potential risks. Companies should provide labels or instructions to explain dangers people may not expect.
What Types of Products Are Eligible For Product Liability Claims in Missouri?
A wide range of products may be covered, as long as they caused injury through a dangerous defect or problem. Some of the most common product liability claims involve the following categories:
Automobiles and Car Parts
Claims can come from faulty airbags, unsafe brakes, tires with tread issues, or electrical systems that cause accidents or fires. Even smaller vehicle parts, like seatbelts or car seats for children, qualify if their defect results in harm.
Home Appliances and Electronics
Kitchen appliances that spark or catch fire, space heaters, defective fans, and rechargeable batteries exploding could all be the basis of a product liability claim. Large and small household appliances fall under this type of claim.
Toys and Children’s Products
Claims happen when children’s toys break, have small parts that can cause choking, or are covered in toxic paint. Even old cribs and strollers sometimes have undiscovered issues.
Medical Devices or Medications
Medical implants that fail, dangerous surgical products, or drugs with hidden side effects often lead to lawsuits.
Food and Beverages
Food and drink sometimes makes people seriously sick due to unsafe ingredients or contamination that should not have gotten past the company’s inspections. This can lead to product liability claims.
Construction Materials and Tools
Power tools with electronic failures or step ladders with a defect that makes them unsafe even when used properly could end up causing serious injury, making the manufacturer liable.
If a dangerous product hurt you or your child, it’s a good idea to reach out to an attorney to see if you have a viable claim.
Common Injuries From Defective Products
Dangerous products can cause all types of injuries, from mild cuts to permanent disabilities. Some injuries heal with time and treatment, but others have lifelong impact. Below are some common examples:
- Burns and Fire Injuries
- Traumatic Brain Injuries
- Broken Bones
- Crush Injuries
- Internal Injuries
- Choking
- Toxic Exposure
No injury from a defective product should be ignored. Early records and treatment can help you link your harm to the unsafe product
How A St. Louis Product Liability Lawyer Can Help You Build A Strong Claim
When you or someone you love is hurt by a dangerous product, you have the right to pursue a product liability claim. Revisor of Missouri section 537.760 defines a product liability claim as one where:
- A product was transferred in the ordinary course of the defendant’s business
- The product was used in a way that was reasonably anticipated
- The product was unreasonably dangerous when used as intended, and the plaintiff was damaged as a result of the defect that made it dangerous
- The plaintiff suffered harm as a direct result of the product defect
You do not need to prove negligence in a product liability claim as you would in a traditional personal injury case. However, in addition to a strict liability argument, you can also make a legal argument based on negligent design or manufacturing.
Drafahl Law Firm knows these laws inside and out and can help you to:
- Identify all defendants responsible for your losses, including the product manufacturer and distributors
- Decide what legal arguments to make to give you the strongest chance of recovery
- Help you to determine if you should become part of a class action, MDL, or if you should resolve your case on your own
- Assist in gathering evidence and finding experts to prove that the product was the direct cause of your harm
- Negotiating a fair settlement or fighting for reasonable compensation in a court of law
From day one, our attorneys will be there for you so you can focus on recovering your health while we focus on recovering the compensation the law says you’re owed. If your loved one suffered a fatal injury due to a faulty product, contact a wrongful death lawyer in St. Louis to get them the justice they deserve.
Who is Responsible for a Defective Product?
When a product hurts someone because it is unsafe, the law may hold different parties responsible, depending on the facts of the case. Potential liable parties include:
Manufacturer
Most often, the company that makes the product is the main target in these cases. If a product is badly designed, or if mistakes are made when building or assembling it, the manufacturer could be forced to pay for the injuries.
Parts Suppliers
If a specific piece inside the product is faulty or dangerous, the company that provided only that part can also be responsible. Cars and appliances are often put together with parts made by outside businesses. If the unsafe component is what led to the injury, the supplier may end up being a defendant in a product liability lawsuit.
Distributors and Wholesalers
Between the company that makes an item and the one that sells it to you, there are often warehouses and shipping companies. If someone in this chain handles the product in a way that makes it more dangerous, those companies might be liable for injuries.
Retailers
Retailers, like the stores or websites selling the product – sometimes face claims too. They are part of the chain through which dangerous products reach consumers. Even if the store did not make or tamper with what you bought, it still may have to defend its role in putting an unsafe item in your hands.
Outside Testing Labs
Sometimes, products are tested for safety at outside labs before they end up on the shelves. If a testing lab claims a product is safe but skips important warnings or lets dangerous items through, they can be added to a lawsuit.
Several parties can share blame if a product injures someone. A lawyer can help figure out which people or entities share legal responsibility for the injuries or losses from an unsafe product.
What Should I Do After a Product-Related Injury?
Getting hurt by a product can be both painful and confusing. Many people are not sure where to start or what steps to take for help. Acting quickly often improves your chances of building a strong case. If you find yourself in this situation, take the following steps:
Get Medical Care
You should always seek medical treatment first. Even injuries that seem small can be more serious than you think. Save your medical records, receipts, and related documents from your doctor and hospital visits. These details serve as direct proof of your injury and its costs.
Keep the Product
Keep the item that injured you if you can. Do not try to fix it or throw it away, even if it looks broken or dangerous. This is often your most important piece of evidence. A lawyer and outside experts might need to examine the product to see how and why it caused harm.
Gather Evidence from the Scene
If possible, take photos or videos of your injuries, the product itself, and the area where the incident happened. Try to capture serial numbers, labels, warning stickers, and package inserts too. If there were witnesses, write down their names and what they saw.
Save All Paperwork
Hold onto everything that came with the product, including receipts, user manuals, product boxes, instructions, safety guides, and warranty cards. All of this shows where the product came from and can help show that you didn’t do anything wrong.
Avoid Speaking with Companies Directly
Someone from the business that made or sold the product or their insurance company might reach out to you often apologizing or offering a quick settlement. It is smart to avoid giving statements or accepting money before talking to a lawyer.
Talk to a Lawyer with Product Liability Experience
An attorney who handles product liability cases sees similar situations every day. These lawyers understand which laws protect you and which parties in the supply chain may be involved. They can collect evidence, make sure deadlines are met, and speak with insurance companies on your behalf so you can rest and focus on healing.
Taking action quickly helps preserve your rights and puts you in a stronger place to seek compensation from those at fault for a product-related injury.
What Is the Time Limit to File a Product Liability Lawsuit in Missouri?
Missouri law gives accident victims a set amount of time to take legal action over a dangerous or defective product. Under Missouri’s statute of limitations law, you generally have five years from the day you were hurt to file most personal injury lawsuits.
However, if a defective product caused a loved one’s death, the time limit is shorter; you only have three years. These strict deadlines mean that if you wait too long, you may lose your chance to get any compensation at all.
537.100. Limitation of action — effect of absence of defendant and nonsuit. — 1. Every action instituted under section 537.080 shall be commenced within three years after the cause of action shall accrue;
As more time passes, evidence gets lost, witnesses’ memories fade, and it becomes much harder to build a strong case. There are also exceptions that can shorten or extend this deadline, making the timeline a bit more complicated than it seems at first glance.
Taking the first steps soon after your injury is the best way to protect your legal options and help you get financial support for your recovery.
What Compensation Can You Recover in a Missouri Product Liability Case?
When you have been injured by a defective product, the law offers different types of compensation to help make up for your injuries and losses. Missouri recognizes several categories of damages. What you’re entitled to will depend on the specific facts of your case.
Economic Damages
Economic damages focus on direct financial losses caused by your injuries. These cover actual costs you had to pay or expect to pay because of the unsafe product. This usually includes:
- Medical Expenses: Bills for hospital care, doctor visits, treatment, medication, and future health care related to your injury.
- Lost Wages: Income you missed because your injury kept you from working. This could include tips, commissions, bonuses, and anything else you missed out on during this time.
- Lost Earning Capacity: In addition to lost income, you can be reimbursed for income you’ll miss out on in the future if you can no longer go back to your same job or earn as much money as you did before the injury.
- Property Damage: The cost to repair or replace property ruined by the defective item. For example, if a defective product started a fire, you may have significant property damage.
Non-Economic Damages
Non-economic damages address losses that aren’t measured by receipts or invoices. These damages aim to help make up for the suffering the unsafe product caused you in daily life. Examples include:
- Pain and Suffering: Physical discomfort and pain experienced from your injuries
- Emotional Distress: Anxiety, sadness, trauma, or grief caused by the incident.
- Loss of Enjoyment: Not being able to participate in hobbies or social activities you enjoyed before the injury
- Impact on Relationships: Harm to your marriage or family life resulting from the injury
Punitive Damages
In Missouri, punitive damages are only awarded if the manufacturer or seller intentionally harmed someone without just cause or showed deliberate and flagrant disregard for safety.
510.261. Punitive damages, restrictions on award of — proper award, when — civil actions, initial pleading not to contain claim for punitive damage award. — 1. Except as otherwise provided by statute, punitive damages shall not be awarded unless the claimant proves by clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others.
These types of damages are meant to punish the defendant’s behavior and prevent them and others from behaving this way again.
Wrongful Death Damages
If a defective product causes someone’s death, Missouri law allows certain family members to seek damages through a wrongful death claim. The goal is to address the financial and emotional toll left behind after a tragic loss. Wrongful death damages often include:
- Funeral and burial expenses
- Medical expenses incurred before death
- Conscious pain and suffering experienced before death
- Lost wages and financial support the deceased would have provided
- Loss of companionship, consortium, guidance, and emotional support
- The value of services the deceased would have contributed to the family
Financial compensation cannot even begin to make up for a lost loved one, but this support can ease the burdens survivors face as they begin to move forward.
Contact The Product Liability Lawyers of Drafahl Law Firm Today
Don’t hesitate to reach out to a St. Louis product liability lawyer who cares about your case and who has the experience you need and deserve. Give us a call at (314) 300-6260 today to schedule your free consultation and get a strong advocate on your side.