Product liability lawyer · St. Louis
Product liability lawyer in St. Louis: when a defective product hurts you
If a defective product hurt you, Missouri law may hold the business that sold it responsible. You do not have to prove the company was careless. You have to prove the product was defective or lacked a proper warning, and that this caused your injury.
What Missouri law requires
Missouri has a product liability law (RSMo 537.760). It lets you hold a company responsible without proving it was careless. Lawyers call this strict liability. You need to show:
- The company sold or passed on the product as part of its business. This can be the maker, a distributor or a store.
- The product was used in a way the company could reasonably expect.
- The product was defective and unreasonably dangerous when sold, or it lacked a proper warning.
- That defect or missing warning directly caused your injury.
You can also bring a negligence claim if the facts show the company was careless.
Three kinds of product defects
MANUFACTURING DEFECT
Something went wrong when your product was made. A weld was left unfinished. A part went in backward. Other units are fine, but yours was not. These cases often compare your product to the design plans.
DESIGN DEFECT
Every unit was built as planned, but the design itself is too dangerous. Think of a mower without a proper guard, or a heater that tips over too easily. These cases usually need an engineer to explain the design.
WARNING DEFECT
The product has a hidden danger, and the warning or instructions were missing or not good enough.
In all three, the question is how people really use the product. A company should expect real-world use, not only the use printed on the box.
What the company may argue
That you share the blame
Missouri law lets the company argue you were partly at fault (RSMo 537.765). If a jury agrees, your award goes down by your share. Your claim is not thrown out. But the law limits what counts as your fault. Examples include using the product in a way the maker did not expect, using it for the wrong purpose, using it while knowing the danger, or not taking reasonable care.
That no one could have known
For a missing-warning claim, the company may argue the danger was unknown and could not reasonably be found when the product was sold (RSMo 537.764). Lawyers call this the “state of the art” defense. The company must prove it. It does not block a negligence claim.
Can you sue the store that sold it?
Often, yes. The law reaches any business that sold the product. But a store whose only role was selling can ask to be dropped from the case (RSMo 537.762). It must swear it knows of no other reason it could be responsible. And another company, such as the maker, must be in the case and able to pay the full amount.
You then get 60 days to look into the store’s claim. A judge can allow more time. If the store is dropped, it can be brought back in later for good cause. This matters most when the maker is overseas, out of business or hard to reach.
Save the product, and know your deadline
In a product case, the product is the most important piece of evidence. If it is lost, the case may be lost too.
- Keep the product, every broken piece, the box, the manual and the receipt. Do not fix it or throw it away.
- Do not send it back to the maker or store, even if they ask, until you talk to a lawyer.
- Take photos of it where it failed. Write down the model and serial numbers.
- Check whether the product has been recalled. Save what you find.
You generally have five years to file a lawsuit for a product injury (Missouri law, RSMo 516.120). If a defective product caused a death, the family has three years. See the wrongful death page.
Harjot Singh Padda, JD looks at how the product failed and who sold it. Your first meeting about an injury is free. If you hire the firm, you pay a contingency fee. A written agreement spells out the percentage and how case costs are handled.
Common questions
Do I have to prove the company was careless?
Not for a strict liability claim. You prove the defect and that it caused your injury. See the personal injury overview.
Can I sue the store where I bought it?
Often, yes. But a store that only sold it can ask to be dropped if the maker is in the case. Bring your receipt. See what to bring to your consultation.
I did not follow the manual exactly. Is my claim over?
Not always. The question is whether your use was one the maker should expect. Your award may be reduced, not erased. See the comparative fault guide.
Should I let the insurance company inspect the product?
Set up any inspection through a lawyer, with written rules, so the evidence is not changed. See talking to insurance adjusters.
Can a product case be filed in federal court?
Sometimes, when the parties are from different states and other rules are met. See federal diversity jurisdiction.
Related reading
- Personal injury cases in St. Louis
- Workplace injury third-party claims
- Brain injury claims
- State court vs. federal court
Talk with the firm about a defective product
Call or text and tell us what the product was and how it failed. Keep the product. Mr. Padda will explain how to protect it.
4477 Woodson Rd
St. Louis, MO 63134
The choice of a lawyer is an important decision and should not be based solely upon advertisements. This page is general information, not legal advice, and reading it or contacting the office does not create an attorney-client relationship.
Sources
- Mo. Rev. Stat. § 537.760 (products liability claim defined). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 537.762 (dismissal of a seller in the stream of commerce). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 537.764 (state-of-the-art defense). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 537.765 (comparative fault in products cases). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 516.120 (five-year limit, injury to the person). Missouri Revisor of Statutes
- Mo. Rev. Stat. § 537.100 (wrongful death; three-year limit). Missouri Revisor of Statutes